Wildlife Trafficking And Conservation Crimes: A Criminal Law Perspective In Nepal
1. Lodu Dime Tiger Trafficking Case
Facts:
Lodu Dime was a well-known wildlife trafficker in Nepal.
Authorities seized multiple tiger skins, tiger bones, and tiger jaws in transit from Kathmandu to the Rasuwa border with China.
Dime was linked to an organised network moving tiger parts illegally across borders.
Legal Issues:
Violation of the National Parks and Wildlife Conservation Act, 1973 (NPWCA 1973).
Illegal possession, transport, and sale of endangered species.
Outcome:
Vehicle owner and driver were arrested; Dime initially evaded arrest.
Vehicle owner sentenced to nine years imprisonment and a fine; Dime, once arrested, received a sentence of five years for his role.
Significance:
Highlights organised cross-border trafficking.
Exposes disparity in sentencing between kingpins and transporters.
Shows challenges of enforcing NPWCA against high-profile offenders.
2. Ramjas Banjara Tiger Parts Case
Facts:
Indian national Ramjas Banjara was caught in Nepal with tiger hide and bones.
Case involved possession of endangered tiger parts intended for trafficking.
Legal Issues:
Violation of NPWCA for illegal possession and trafficking of a critically endangered species.
Outcome:
Sentenced to five years imprisonment, despite law allowing up to fifteen years for such crimes.
Sentence upheld by the High Court.
Significance:
Demonstrates lenient sentencing for serious offences.
Shows a gap between law-on-books and law-in-practice.
Raises concerns about deterrence effectiveness for wildlife trafficking.
3. Kumar Paudel Writ Petition on Illegal Possession of Wildlife Parts
Facts:
A petition was filed alleging government’s failure to enforce wildlife laws equally.
Cited private possession and display of tiger pelts by high-profile individuals while ordinary citizens were prosecuted.
Legal Issues:
Equality before the law under NPWCA.
Enforcement of wildlife protection regulations.
Outcome:
Supreme Court ordered the government to take strict action against illegal possession and display of wildlife parts, regardless of social status.
Significance:
Landmark decision emphasizing equal application of wildlife laws.
Recognizes judiciary’s role in conservation beyond mere punishment of traffickers.
Pushes for systemic enforcement reform.
4. Large-Scale Smuggling Case Involving 47 Individuals
Facts:
Two provincial assembly members and 45 others were implicated in illegal poaching and possession of deer carcasses.
Hunting equipment and firearms were also recovered.
Legal Issues:
Violation of NPWCA, Arms Act, and prohibition on hunting protected species.
Involvement of high-profile individuals in organised poaching.
Outcome:
Case filed; investigations ongoing.
Confiscation of firearms and other contraband enforced.
Sentencing likely to consider role of each accused.
Significance:
Illustrates abuse of power and political influence in wildlife crimes.
Demonstrates link between poaching and trafficking.
Calls for stringent oversight when high-profile figures are involved.
5. Tortoise Trafficking Case (Small-Scale)
Facts:
Two individuals arrested in Kathmandu with ten illegally trafficked tortoises.
Vehicles and mobile phones confiscated during arrest.
Legal Issues:
NPWCA violation for illegal possession and trafficking of protected species.
Outcome:
Police initiated investigation; sentencing details pending.
Significance:
Highlights small-scale trafficking of lesser-known species.
Shows law enforcement attention beyond large charismatic animals.
Underlines need for follow-through and proper sentencing even for minor offenders.
6. Tiger Poaching Case in Bardiya National Park
Facts:
Several poachers were caught illegally hunting tigers in Bardiya National Park.
Weapons, traps, and tiger parts were seized during the raid.
Legal Issues:
Poaching and trafficking under NPWCA.
Illegal possession of firearms and tools used for wildlife crime.
Outcome:
Offenders sentenced to 3–7 years imprisonment depending on role and evidence.
Confiscation of weapons and poaching equipment enforced.
Significance:
Demonstrates how direct poaching and trafficking often occur together.
Shows judiciary’s role in reinforcing NPWCA through proportionate sentencing.
Key Lessons Across Cases:
Organized Networks vs. Individual Offenders: Sentences for kingpins often lighter than transporters; proportionality remains a concern.
High-Profile Individuals: Judicial intervention required for equal enforcement.
Species Protection Priorities: Tigers, rhinos, and other endangered species receive stricter scrutiny; smaller species sometimes overlooked.
Enforcement and Deterrence: Even where laws are strict, lenient sentencing or delayed enforcement undermines deterrence.
Judicial Oversight: Courts can issue systemic directions to improve enforcement (writ petitions, mandamus).
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