Titty, alias George Kurian, a Turtle, was seized. Veterinary Surgeon identified the Turtle, on inspection, as ‘Indian Flap Shell’. The scientific name is ‘Lissemys Punctata’. The Court, near immediately, directed the Turtle to be freed.
Section 9 of The Wild Life (Protection) Act, 1972 prohibits hunting of any wild animal under Schedule I, II, III and IV except as provided under Sections 11 and 12. In case a person hunts any of the wild animals which are included in Schedule I to IV, it becomes an offence inviting the penalty under Section 51.
Veterinary Surgeon had identified the Turtle as ‘Indian Flap Shell’ whereas the Turtle which is included in Part II of Schedule I is ‘Indian Soft Shell’. Titty is not included in Schedule I, Part II and the Turtle having already been freed on the second day of its seizure, the High Court did not commit any error in the quash.
– Hon’ble Justice Ashok Bhushan, George Kurian v. The Deputy Range Forest Officer, [Review Petition (Criminal) No. 593 of 2018].