Summary
The Court allowed review, recalled its earlier judgment and dismissed the Forest Officer’s appeal against quashing of wildlife proceedings. On the veterinary identification available in this case, the seized Indian Flap Shell Turtle was not the turtle specified in the cited entry of Schedule I. The animal had already been released and was unavailable for further examination.
Issues
- Whether the High Court erred in quashing wildlife proceedings when the veterinary certificate identified a turtle different from the turtle described in the relied-on Schedule I entry.
Provisions considered
- Schedule I, Part II, item 8, Wild Life (Protection) Act, 1972Compared the scheduled description of the Indian Soft-shelled Turtle with the veterinary identification of the seized animal. (¶¶ 9, 10, 11, 13)
- Section 482, Code of Criminal Procedure, 1973Upheld the High Court’s exercise of its inherent jurisdiction on the particular identification evidence and the prior release of the animal. (¶¶ 13, 14)
Held
- Review was allowed and the judgment dated 16 May 2018 recalled. (¶ 2)
- The veterinary certificate identified the animal as an Indian Flap Shell Turtle. On the facts before it, the Court held that the seized turtle was not the turtle covered by the cited Schedule I entry. With the animal already released on the second day after seizure, the High Court committed no error in quashing the proceedings. (¶¶ 9, 10, 11, 13, 14)
Result
Review petition allowed; earlier judgment recalled; the Forest Officer’s appeal dismissed, leaving the High Court’s quashing of the criminal proceedings intact.