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File photo: The Czech nationals being taken to the range office for questioning

File photo: The Czechs being taken for interrogation following their arrest

Quickest wildlife trial in India;
Three years imprisonment for insect thief Kucera

Darjeeling (West Bengal), September 10, 2008: In India’s fastest legal trial for a wildlife case, Emil Kucera, one of the Czech nationals convicted for illegally collecting rare insect species from Singhalila National Park, was sentenced to three years imprisonment by the Chief Judicial Magistrate (CJM) of Darjeeling, today. He was also given a fine of Indian Rupees (INR) 50,000, while the second convict, Petr Svacha was given a fine of INR 20,000.

This is the first case of conviction and sentencing under India’s Biological Diversity Act, 2002 (BDA) and is historic for also being the quickest trial, lasting less than three months from arrest to sentencing.

Utpal Kumar Nag, ADFO

Utpal Kumar Nag, Assistant Divisional Forest Officer, Wildlife Division-1, who spearheaded the arrest and prosecution, said, “Kucera and Svacha were convicted under both Indian Wildlife (Protection) Act, 1972 (WPA) as well as BDA. The entomologist, Petr Svacha was fined 10,000 INR under each of these Acts. He has paid the fine already, and by doing so, has accepted the conviction. The court still has his passport; he will be confined to India, during the appeal period of four months. This case was highly publicised and the prompt legal action will definitely be a deterrent to others with similar intentions.”

Saurabh Sharma, WTI advocate

Wildlife Trust of India (WTI) provided legal assistance to the prosecution. WTI advocate Saurabh Sharma, who attended the hearings in the court of the CJM, said, “The state should file an appeal against Svacha being let off with only a fine.”

Ashok Kumar, Vice-chairman, WTI said, “This case has affirmed that the law treats poaching of insects as equal to poaching of other prominent animals. This is significant, as insects play an important role in the ecosystem. Their removal can have a severe impact on wild habitats."

However, Kumar added that different punishments for the two Czech nationals convicted for the same crime is a matter of concern. He said, "Under the WPA, minimum sentence for a person found guilty of poaching Schedule I or Part II of Schedule II species, is three years imprisonment and a minimum fine of 10,000 INR. Prima facie, I understand that both Petr Svacha and Emil Kucera were found guilty by the court. We will receive the certified copy of the judgment in a few days.”

The two foreigners were arrested during a raid carried out by the West Bengal Forest Department on June 22. The forest department had seized about 500 insect specimens from their rented hotel rooms in Srikhola near Darjeeling. The collection was sent to Zoological Survey of India (ZSI) for identification. A beetle species listed under Part II of Schedule II of the Indian Wildlife (Protection) Act, had been identified.

Photos: West Bengal Forest Department (top), WTI