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Supreme Court of India 2020-12-09 dismissed

Titty Alias George Kurian vs Deputy Range Forest Officer

Bench: 2 — Ashok Bhushan

In Brief

A man was accused of illegally possessing a turtle in violation of the Wild Life (Protection) Act, 1972. A veterinary surgeon identified the seized turtle as an Indian Flap Shell (Lissemys punctata), which is not listed in the protected species schedule. The High Court quashed the criminal proceedings, holding that the species seized was not covered by the Act. The Supreme Court upheld the High Court's decision, finding that offences under the Wildlife Act can only apply to scheduled species. Since the identified turtle was not included in Schedule I Part II, no offence was committed, and the criminal proceedings were correctly quashed."

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Wildlife Law Criminal Procedure Statutory Interpretation

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