Team Goemkarponn
MAPUSA: The Additional Sessions Court in Mapusa has dropped a major charge under the Arms Act against three men accused in a 2021 alleged hunting case near the Mhadei Wildlife Sanctuary, while directing that they face trial before the Judicial Magistrate First Class (JMFC), Valpoi, for a separate alleged offence involving possession of a firearm.
The accused — Gokuldas Gaonkar, Vishwas Kerkar and Arjun Gawas — were relieved of the charge under Section 5 of the Arms Act after the Court found that the prosecution’s own case did not show the firearm had been used in committing an offence.
The case dates back to January 6, 2021, when forest personnel allegedly intercepted the trio on government forest land at Ustem in Sattari, located within the eco-sensitive zone surrounding the Mhadei Wildlife Sanctuary. Authorities claimed the men had entered the area carrying a single-barrel gun, live cartridges and other items allegedly intended for hunting.
Among the articles reportedly seized were a headlamp, a billhook, gunpowder, lead pellets, coconut coir and plastic bags containing hunting-related materials.
Following the incident, the Forest Department initiated proceedings under the Wildlife (Protection) Act, while Valpoi Police registered a separate case under the Arms Act.
While deciding the discharge application, the Court observed that the firearm’s licence holder, Sadanand Kerkar, had not given written permission for Vishwas Kerkar to carry the weapon. It also noted that the licence holder was not present at the time the firearm was allegedly taken into the forest, raising questions under Section 3 of the Arms Act.
However, the Court held that the charge under Section 5 could not be sustained because investigators themselves alleged that the accused had been stopped before any hunting activity took place. Since there was no allegation that the firearm had actually been used to commit an offence, the Court ruled that the provision was not attracted.
The Court has now directed that the accused be tried before the JMFC, Valpoi, for the alleged violation relating to unauthorised possession of the firearm. It also observed that the offence is bailable and non-cognisable, with a maximum punishment of five years’ imprisonment under the applicable provisions.
