ASHARAFALI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in Crime No.47/2022 of Cherpulassery Police Station alleging commission of offences under Ss. 7, 25(3), 27 of the Arms Act.

(2.) The allegation against the petitioners is that, petitioners were found with unlicensed weapons while engaging in hunting of wild animals in a reserve forest. It is alleged that the petitioners have hunted a porcupine, on the basis on which an Occurrence Report (O.R) alleging commission of offences under Wild Life Protection Act was registered against them. In respect of the possession of unlicensed weapons, on the basis of the information given by the forest officials, the aforesaid crime was registered against the petitioners.

(3.) Learned counsel for the petitioners would submit that the petitioners have been in custody in the above crime from 31/1/2022. It is submitted that actually the petitioners have been in custody from 23/1/2022 as their arrest was recorded earlier in the O.R. alleging commission of offences under the Wild Life Protection Act. It is submitted that the petitioners are absolutely innocent in the matter and they have been wrongly implicated. It is submitted that the petitioners have no criminal antecedents.