Ivory possession case: Actor Mohanlal files affidavit in HC against chargesheet

The Forest Department had earlier filed a chargesheet against Mohanlal with regard to the possession of ivory, which was seized from the actor’s house in 2012.
Ivory possession case: Actor Mohanlal files affidavit in HC against chargesheet
Ivory possession case: Actor Mohanlal files affidavit in HC against chargesheet
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Actor Mohanlal on Monday filed an affidavit with the Kerala High Court, challenging the chargesheet which was filed against him by the Forest department with regard to the possession of ivory, which was seized from the actor’s house in 2012. 

According to media reports, the actor in his affidavit stated that the possession of the ivory was retrospectively sanctioned. 

As per a report by the Times of India, the actor had stated in the affidavit that, “Once ownership certificate is granted, it must necessarily have retrospective effect to the date of original possession, implicit in Sections 40(4) and 40(1)  of World Life Protection Act, whereby the state government and the central government respectively have been authorized to require any person to declare any wildlife article in control, custody or possession in such form and within the time as may be prescribed and upon which such persons are granted an immunity from prosecution under the act.”

According to reports, the Kerala High Court in September, when the Forest department filed the chargesheet, had raised criticism on why the case registered in 2012 was still lagging. The move by the Forest department in filing a chargesheet is thought to be in response to the HC’s intervention.

In April, the HC had observed that Mohanlal can prima facie be charged with section 39 (3) of Wildlife Protection Act (No person shall, without the previous permission in writing of the Chief Wildlife Warden or the authorised officer acquire or keep in his possession, custody or control government property).

Though the actor was able to acquire ownership certificates for the artefacts after the case was registered, this was challenged in court by petitioner named AA Poulose, stating that there were irregularities in granting permission.

Earlier in September, the Kerala government responded to the petition filed in High Court, stating that no approval was given to the decision of Principal Chief Conservator of Forests (Wildlife) to allow the actor possession of the ivory artefacts. According to the report, the same petitioner had requested the HC to direct the officials to complete probe in the case that was before Judicial First Class Magistrate Court in Perumbavoor.

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