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Supreme Court of India 2020-12-09 dismissed

TITTY ALIAS GEORGE KURIAN vs THE DEPUTY RANGE FOREST OFFICER

Bench: 2 — Ashok Bhushan, Indu Malhotra

In Brief

The Deputy Range Forest Officer appealed a High Court order quashing criminal proceedings against the accused for illegal possession of a turtle. The Veterinary Surgeon identified the seized turtle as Indian Flap Shell (Lissemys punctata), while the Wild Life (Protection) Act, 1972 protects only Indian Soft-shelled Turtle (Lissemys punctata punctata)—a different subspecies. The Supreme Court held that since the seized turtle was not listed in Schedule I Part II of the Act, the High Court correctly exercised its discretion under Section 482 Cr.P.C. to quash the proceedings. The appeal was dismissed."

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Wildlife Law Criminal Procedure Section 482 CrPC Statutory Interpretation Species Classification Natural Resources Protection

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