TITTY ALIAS GEORGE KURIAN versus THE DEPUTY RANGE FOREST OFFICER REVIEW PETITION (CRIMINAL) NO. 593 OF 2018 IN

TITTY ALIAS GEORGE KURIAN versus THE DEPUTY RANGE FOREST OFFICER REVIEW PETITION (CRIMINAL) NO. 593 OF 2018 IN

The Veterinary Surgeon's identification described the seized turtle as Indian Flap Shell (Lissemys punctata), which on the face of the record is not the Indian Soft-shelled Turtle (Lissemys punctata punctata) listed at Item No.8, Part II of Schedule I to the Wild Life (Protection) Act, 1972; since the seized specimen was not a species protected under that Schedule and had been freed, the High Court rightly quashed the criminal proceedings and there was no ground for this Court to interfere.

Parties
Petitioner: Titty alias George Kurian; Respondent: The Deputy Range Forest Officer
Jurisdiction
India
Judgment Date
09 December 2020
Procedural Posture
Review Petition (criminal) No. 593 of 2018 in Criminal Appeal No. 758 of 2018 / Review Petition Before the Supreme Court; Judgment on Review (order Dated 16.05.2018 Recalled)
Outcome
Review petition allowed; order dated 16.05.2018 recalled; criminal appeal dismissed; High Court order quashing the criminal proceedings upheld.
Legal Topics
Interpretation of Schedule I Species Under Wild Life (protection) Act, 1972, Quashing of Criminal Proceedings Under Section 482 Cr.p.c., Species Identification and Evidentiary Weight of Veterinary Report
Wildlife Law Criminal Law Criminal Procedure Interpretation of Schedule I Species Under Wild Life (protection) Act, 1972 Quashing of Criminal Proceedings Under Section 482 Cr.p.c. Species Identification and Evidentiary Weight of Veterinary Report

Case Brief

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Parties

Titty alias George Kurian

Petitioner

The Deputy Range Forest Officer

Respondent

Procedural Posture

Review Petition (criminal) No. 593 of 2018 in Criminal Appeal No. 758 of 2018 / Review Petition Before the Supreme Court; Judgment on Review (order Dated 16.05.2018 Recalled)

Legal Issues

  1. 1 Whether the turtle seized is a species included in Part II of Schedule I of the Wild Life (Protection) Act, 1972
  2. 2 Whether the High Court erred in quashing the criminal proceedings under Section 482 Cr.P.C. without trial
  3. 3 Whether species identification required further expert evidence at trial

Ratio Decidendi

The Veterinary Surgeon's identification described the seized turtle as Indian Flap Shell (Lissemys punctata), which on the face of the record is not the Indian Soft-shelled Turtle (Lissemys punctata punctata) listed at Item No.8, Part II of Schedule I to the Wild Life (Protection) Act, 1972; since the seized specimen was not a species protected under that Schedule and had been freed, the High Court rightly quashed the criminal proceedings and there was no ground for this Court to interfere.

Court Disposition

Review petition allowed; order dated 16.05.2018 recalled; criminal appeal dismissed; High Court order quashing the criminal proceedings upheld.

Orders

  • Order dated 16.05.2018 recalled
  • Review Petition (Criminal) No. 593 of 2018 allowed