Two India nationals get two years jail for illegally keeping tortoises

KUALA LUMPUR: Two men, both of Indian nationality, were sentenced to 24 months' jail each by the Sessions Court here on three counts of keeping protected tortoises without a permit.
Judge Harmi Thamri Mohamad @ Shaharudin handed down the sentence on Nagoor Kani Kamal Basha, 34, and Nizamudeen Shamshudeen, 39, after they pleaded guilty to the charge of keeping the exotic animals.
"The court is not meting out the fine as this case involved foreign citizens. (The action) if not curbed, can adversely affect wildlife," he said.
He sentenced the two men to 24 months' jail each for the first and second charge, and three months' jail on the third count, to be served concurrently from the date of their arrest on July 26.
On the first count, Nagoor Kani and Nizamudeen were charged with 25 of the female Geoclemys Hamiltonnii tortoises, which are protected animals under the Wildlife Conservation Act 2010, without special permit.
The charge, under Section 70 of the law, provides a fine of up to RM300,000, or imprisonment for up to 10 years, or both, upon conviction.
The second charge, for keeping 11 male tortoises of the same species without special permit, was made under Section 68 (1) (a) of the same law which carried a fine of up to RM100,000, or imprisonment for up to three years, or both, upon conviction.
The two men were also charged with committing cruelty on the animals by placing the tortoises in four baggage.
The charge, under Section 86 (1) (c) of the same law, provides a maximum fine of RM50,000, or imprisonment for up to a year, or both, upon conviction.
All the offences were committed at room 209, Happy Holiday Hotel, No. 19, Jalan Lou Chung, Jalan Tun Perak, here at 1 am last July 26.
Earlier, during mitigation, Nagoor Kani and Nizamudeen, who were unrepresented, said there were married, as well as regretted their action and promised to not repeat the offences.
Prosecuting officer from the Wildlife Department, Nazarudin Kamarudin, who prosecuted, when requesting for a sentence that would serve as a lesson for the two men, said the tortoises were only found in Bangladesh, India and Pakistan.
"Based on information, this species are not made as pets, but used for exotic food. The high demand for this species, as well as the lucrative returns, had caused the animals to be taken away from its habitat," he added. — Bernama