Home Case Index All Cases Customs Customs + HC Customs - 2019 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (12) TMI 72 - HC - CustomsDirection to join the authorities from the Wildlife Crime Control Bureau, Western Region, Mumbai (Maharashtra) as party respondents - investigation under Section 135 of the Customs Act, 1962 - petitioner submitted that under the provisions of Section 110 of the Customs Act, 1962, unless the petitioner is in a position to prove that he has legally imported such species to India, they are liable to confiscation under the said provisions - HELD THAT:- Admittedly, import of exotic species of birds or animals is not permitted unless it is under valid license or payment of appropriate customs duty. So far as Wildlife Protection Act is concerned, admittedly, exotic species of birds or animals are not covered under the schedule thereunder and as such, we do not find that there can be any restriction to their domestic trade, possession or keep for breeding under the said Act. It is specifically noted that simply because exotic species are those birds or animals whose origin is not placed to Indian Wildlife by itself does not mean that unless the person who is in possession of same, said birds or animals are presumed to be smuggled into India, in view of the fact that provisions of the Foreign Trade Policy are applicable only in international foreign trade and not in relation to domestic possession or trading or breeding. Perusal of the provisions of Section 123 of the Customs Act, 1962 would reveal that it has no application to the exotic species of birds and animals and thus, owners or persons claiming ownership or are in possession of such exotic species are not required to establish that they are smuggled in India. Admittedly, it is not the case of the petitioner that “M/s. SRK Exotic Birds, Nagpur” had imported any consignment of such species. Documents filed in support of the petition, infact, would establish that “M/s. SRK Exotic Birds, Nagpur” is not only engaged in keeping and trading of such birds, but are also into breeding of them irrespective of the fact that origin of such birds is not actually traced in India - there are no manner whatsoever in which exotic species in possession of any such person can be ascertained as “smuggled into India” or “locally bred in-captivity” in the absence of any statutory ban imposed upon such in-captive breeding. There are no reason to issue any directions to initiate action as prayed for under the provisions of the Customs Act, 1962 on any domestic keeper of the exotic species, as issuance of any such directions would be contrary to law, as it stands on today - The provisions of Sections 123 and 110 of the Customs Act, 1962 are clear and unambiguous and, therefore, any seizure of such exotic species from one who is in possession and acquisition of same would be contrary to the provisions of the said Act. The petition is based on mere surmises and conjectures as the petitioner failed to prove any legal support in the background of his case - Petition dismissed.
|