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2021 (4) TMI 977 - HC - CustomsBail application - Seizure of articles along with vehicle in question as well as accused petitioner also arrested - trading of exotic animals and birds - restricted items or not - notified under Section 123 of the Act or not - HELD THAT:- Although no specific notification under Section 11-B of the Customs Act is brought on record about the species of exotic birds/animals under the Customs Act, but such criminals and birds of foreign origin enlisted in the Customs Tariff Act and in view of the fact the petitioners did not produce any sort of document, whatsoever, in support of possession of such valuable animals and birds, which is more than 4 crores and any other supportive evidence, it is difficult to accept that the same has been transported for domestic purpose. Having regard to the submissions of the Customs Department that the area from which it was purchased is nearer to the international border of Myanmar, the matter of smuggling and/or illegal import to India cannot be ruled out - as per the Schedule I of the Import Policy, 2017, import of live animals, other than wild animals and as defined under Wildlife Protection Act, 1972 (as amended) is permitted against a licence to Zoos and Zoological Park, Circus Companies, Private individuals on the recommendation of the Chief Wildlife Warden of a State Government, subject to provision of CITES. As in the present case, the petitioners have no sort of any documents in their possession in support of the seized animals. The Customs Officer, under Section 110 the Customs Act, is empowered to seize such articles, which are liable to confiscation under Section 111 of the Act - burden lies upon the accused to justify that those are not smuggled goods. The accused could not justify possession of such valuable animals and birds of foreign origin. In absence of any legitimate document in support of purchase of seized articles, allegation of prosecution cannot be denuded. Market value of the exotic animals and birds assessed by DFO (annexed with the report) is another aspect, which has raised the occasion to believe that the petitioners may be involved in smuggling activities. As per Section 104 (4) of the Customs Act, any offence relating to prohibited goods is cognizable offence and in view of the high value of the articles, in-depth investigation is required to unearth the entire gamut. Bail application rejected.
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