Chief Magistrate Priya Sewnarine-Beharry struck out the charge against Canada-based Nazir Khan.
He was arrested on June 13, 2014 at the Cheddi Jagan International Development Airport (CJIA) with the large-billed Seed Finches scientifically known as Oryzoborus crassirostris
Khan pleaded guilty to the offence that he was exporting the birds without obtaining a permit from the Wildlife Management Authority.
He was granted GUY$75,000 bail on Monday and when he returned to court on Tuesday, the Chief Magistrate said she was striking out the case because the Chapter of the Criminal Law Offences Act does not cater for that species.
The Prosecution’s case was that the man was about to leave on Caribbean Airlines flight BW 606 to Canada when a routine check of his hand luggage revealed a number of small whistling birds in hair curlers.