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Titty alias George Kurian v. The Deputy Range Forest Officer

Review Petition (Criminal) · 2020 INSC 689Decided 9 Dec 2020
Review Petition (Criminal) No. 593 of 2018
Justice Ashok Bhushan · Justice Indu Malhotra

Background

A turtle was seized from the respondent by forest officials in Kerala in July 2016, and an offence was registered under the Wild Life (Protection) Act, 1972. A veterinary surgeon identified the turtle as an "Indian Flap Shell" turtle, and the turtle was released back into the wild the very next day. The accused got the criminal proceedings quashed by the Kerala High Court on the ground that this particular species was not listed in the protected Schedule of the Act, and the Deputy Range Forest Officer appealed to the Supreme Court. This matter came before the Court as a review petition against an earlier Supreme Court order of 16.05.2018.

Decision Breakdown

The Court first found sufficient grounds to review and recall its own earlier order dated 16.05.2018, allowing the review petition. Deciding the underlying appeal afresh, the Court examined the Schedule to the Wild Life (Protection) Act and found that only the "Indian Soft-shelled Turtle" (Lissemys punctata punctata) is listed as protected, whereas the veterinary report had identified the seized animal only as "Indian Flap Shell" (Lissemys punctata), a different sub-species not covered by the Schedule. Since the turtle was never available for re-examination (having been released within a day), and on the face of the record it was not a protected species, the Court held the High Court was right to quash the criminal case, and dismissed the appeal.

Lesson Learnt

Precise scientific/species identification matters in wildlife protection prosecutions: if the specific sub-species seized is not actually named in the Act's protected Schedule, criminal proceedings cannot be sustained, even if a closely related sub-species is protected.

Official source (sci.gov.in)View Judgment (PDF)

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