PANJIM, JUNE 17
The Goa Bench of Bombay High Court today granted anticipatory bail to Menino Vincent Paul Pereira, who was booked by Forest Department under Wildlife Protection Act for possessing wild boar meat and turtle shells.
Justice N A Britto while granting the anticipatory bail observed that Pereira was called by Range Forest officer (RFO) twice to his office after a case was booked against him but he was not arrested.
“No satisfactory explanation has been given by RFO as to why the applicant was not arrested on the said two dates,” the bench ruled.
“Therefore, it would not lie in the mouth of the respondent (RFO) to say that the applicant’s custody is required,” the judge added. Pereira, who runs ‘O Papagaio’ bar and restaurant at Siolim was booked under Section 51 read with 9, 39 and 44 of Wildlife Protection Act, 1972.
A search by Forest Department at his restaurant on May 22, 2010 had found meat suspected to be of wild boar, three turtle shells and 47 bone pieces suspected to be of tortoise. Sessions court had rejected Pereira’s anticipatory bail on June 4, 2010.
“There is no dispute that applicant was present during panchanama and had even signed the panchanama,” the order read.
The court observed that the applicant attended RFO’s office on May 28, 2010 for the purpose of recording the statement. The statement was recorded and yet he was not arrested.
Granting the anticipatory bail, the court ordered that the applicant shall be released on bail upon execution of Rs 20,000 with one surety in the like amount to the satisfaction of RFO.
“In case required, the RFO may call the applicant for further interrogation of three days but not detain him beyond 6 pm,” the judge ordered.
