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This is an archive article published on March 29, 2023

Chinkara hunting: Court rejects man’s plea seeking protection from arrest

The order was delivered on March 24 and its copy was made available on Monday.

Chinkara hunting, Gujarat session Court, session court rejects man’s plea seeking protection from arrest, indian expressIndian gazelle is a species included on Schedule-I of the Wildlife (Protection) Act, 1972 and its hunting can lead to imprisonment extending up to seven years. (Representational/File)
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The district and sessions court of Bhuj has rejected the application by a labourer who sought protection against arrest in a case of alleged hunting of a chinkara (Indian gazelle) in Naliya range of Kutch (west) forest division in January this year.

Labourer Imamsha Saiyad (45), a resident of Mandvi town of Kutch district, moved the district and sessions court of Bhuj on March 15, seeking anticipatory bail. In his application, Saiyad stated that he was apprehended to be arrested by the forest department in connection with a case of chinkara hunting registered at the Naliya (north) range office on January 10 this year. However, he was neither named in the FOR (Forest Offence Report) nor played any role in the alleged offence, he stated.

The court of additional district judge VV Shah rejected Saiyad’s plea, in favour of the forest department, which submitted that Saiyad’s mobile phone location indicated that he was present near the crime scene when a chinkara was shot dead. It also noted that the applicant did not respond to two summons issued by the forest department on March 1 and March 15.

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“When the location of the mobile of the accused is recorded near the crime scene…, and the applicant/accused is not remaining present despite being served notice, and when as per the report of the FSL, it is established that a chinkara was hunted, it can’t be believed that present applicant/accused has been falsely implicated. Additionally, the physical custody of the applicant/accused is needed in this case… it doesn’t seem in the interest of the justice to give anticipatory bail to applicant/accused,” the court ruled.

The order was delivered on March 24 and its copy was made available on Monday.
Suresh Maheshwari, additional public prosecutor who appeared on behalf of the forest department, told The Indian Express, “We drew the court’s attention that the investigation is at a primary stage and the forest department is in the process of gathering evidence.”

Indian gazelle is a species included on Schedule-I of the Wildlife (Protection) Act, 1972 and its hunting can lead to imprisonment extending up to seven years.

According to the forest department, some unidentified accused shot dead a chinkara in Samada village in Abdasa taluka of Kutch on January 8 and took it in a black car. Locals reported the incident to forest department. Eventually, the forest department registered an FOR, collected samples of blood and fur from the scene and send them to the Regional Forensic Science Laboratory (FSL) in Rajkot for analysis. The FSL has concluded that the blood and fur were that of a gazelle.

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“We have identified four suspects in this connection, including car owner Akbar Ismile Hingorja and his cousin Bhilal Rahimna Hingorja. On the day of the crime, Akbar’s friend Lal Mamad Koreja, a resident of Gandhidham had borrowed the car,” Yuvrajsinh Zala, deputy conservator of forests (DCF) of Kutch (west) territorial forest division said, adding Saiyad is friend of Bhilal. The DCF said all the four suspects are on the run.

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