Criminal Liability For Illegal Wildlife Trade Through Border Points
Case 1: Ramjas Banjara – Tiger Parts Trafficking
Facts:
In 2015, Ramjas Banjara, an Indian national, was arrested in Bardiya, Nepal, with a tiger hide and 47 tiger bones.
He was part of a network trafficking tiger parts from Nepal toward China.
Legal Framework:
Violation of the National Parks and Wildlife Conservation Act (NPWCA), 1973, which criminalizes possession, trade, and transport of Schedule I species.
Nepal is a signatory of CITES, so cross-border trafficking is also internationally illegal.
Outcome:
Bardiya District Court sentenced him to 5 years imprisonment and a fine.
Sentence upheld by the Nepalgunj High Court.
Significance:
Demonstrates Nepal as a transit country for wildlife trade.
Highlights leniency in sentencing despite the scale of the offence.
Case 2: Lodu Dime – Large-Scale Tiger Parts Smuggling
Facts:
In 2013, a truck heading from Kathmandu to the Rasuwa border was seized carrying 5 tiger skins, 512 tiger bones, and 122 tiger jaws.
Dime, the mastermind, initially evaded arrest.
Legal Framework:
NPWCA criminalizes illegal possession and trafficking of endangered species.
Cross-border transport adds complexity to enforcement.
Outcome:
Vehicle owner sentenced to 9 years imprisonment; Dime sentenced in absentia to 5 years.
Dime was later arrested in India but escaped again.
Significance:
Illustrates the challenges of prosecuting organized networks and ringleaders.
Shows the importance of border enforcement and cross-border intelligence sharing.
Case 3: Chitwan Rhino Horn Trade Case
Facts:
Nine individuals from multiple districts were charged with buying and selling rhino horns in Chitwan.
The trade potentially fed cross-border smuggling networks.
Legal Framework:
NPWCA Schedule I species, illegal trade, possession, and transport are criminal offenses.
Outcome:
Case filed at Chitwan District Court; prosecution ongoing.
Emphasis on legal liability even for domestic traders.
Significance:
Shows that criminal liability is extended to domestic traders, not just border transporters.
Highlights rhinos, along with tigers, as high-value targets in trafficking networks.
Case 4: Dhangadi/Kailali Leopard and Tiger Seizure (2007)
Facts:
Three individuals arrested near Dhangadi with 5 leopard skins, 11 kg of bones including tiger and leopard skulls.
Part of an India–Nepal border trafficking network.
Legal Framework:
NPWCA violations for Schedule I species.
Cross-border trafficking adds complexity regarding jurisdiction and evidence collection.
Outcome:
Arrests made; investigation launched.
Sentencing details not widely reported, but regarded as a landmark seizure.
Significance:
Early recognition of Nepal as a key transit corridor.
Emphasizes need for coordinated border enforcement.
Case 5: Kunjok Tamang – Long-standing Tiger/Leopard Smuggling Network
Facts:
Linked to multiple seizures of tiger pelts, leopard skins, and tiger bones in 2005–2006.
Used Nepal-China border points (Rasuwa, Syphru Bensi) for smuggling.
Legal Framework:
NPWCA criminalizes trafficking in Schedule I species.
International law (CITES) applicable due to cross-border export.
Outcome:
Some network members received up to 15 years imprisonment.
The mastermind Tamang remained at large for years.
Significance:
Demonstrates the difficulty of prosecuting ringleaders in organized wildlife trade.
Highlights need for intelligence-driven enforcement and international cooperation.
Case 6: Wildlife Smuggling Case – 47 Persons Including Provincial Officials (2023)
Facts:
47 individuals, including political figures, charged for illegal hunting and trafficking of deer carcasses.
The operation may have supported cross-border export.
Legal Framework:
NPWCA liability for illegal hunting and trade.
Use of firearms adds additional criminal liability under national weapons law.
Outcome:
Case registered; confiscation of vehicles, firearms, and mobile phones.
Sentencing pending; demonstrates enforcement against high-profile individuals.
Significance:
Shows that illegal wildlife trade intersects with political influence.
Enforcement must tackle influential actors, not just lower-level couriers.
Summary Table
| Case | Species / Contraband | Border Point / Transit | Sentence / Outcome | Key Legal Point |
|---|---|---|---|---|
| Ramjas Banjara | Tiger hide & bones | Bardiya (Nepal-China) | 5 years | NPWCA liability |
| Lodu Dime | Tiger skins & bones | Kathmandu → Rasuwa | 9 years / 5 years in absentia | Organized network |
| Chitwan Rhino Case | Rhino horns | Domestic (Chitwan) | Case ongoing | NPWCA & domestic liability |
| Dhangadi Seizure | Leopard skins & tiger bones | India-Nepal border | Arrests; ongoing | NPWCA & cross-border trafficking |
| Kunjok Tamang | Tiger/leopard skins & bones | Rasuwa/Tibet border | 15 years for some; ringleader absconded | Mastermind liability |
| Wildlife Smuggling 2023 | Deer carcasses | Parsa, Terai | Case filed; confiscation | Political involvement & NPWCA liability |
Key Observations:
Nepal serves as both source and transit corridor for wildlife trafficking.
Sentencing is often lighter than statutory maximums.
Masterminds frequently evade justice.
Effective prosecution requires cross-border coordination and intelligence-driven operations.
Criminal liability extends from poachers to domestic traders, transporters, and even political figures.
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