Home Case Index All Cases Customs Customs + HC Customs - 2021 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (12) TMI 493 - GAUHATI HIGH COURTImport of exotic animals - Prohibited or restricted item - basic contention of the petitioners is that they are breeders of exotic species of animals and birds and purchased the seized birds and animals from Imphal where they are freely available in open market - Section 135(a) and (b) of the Customs Act, 1962 - HELD THAT:- The seized birds and animals are not included in any of the Schedule of the Wild Life (Protection) Act, 1972 and as such, the same is not within the purview of Foreign Trade (Development and Regulation) Act, 1992 and the Schedule 1- Import Policy. Therefore, the seizure of the birds and animals, in the instant case, has no approval of any law relevant for the purpose of the offence alleged in the instant case. This Court is, however, not in agreement with the learned counsel for the respondent so far applicability of the decision in OM PRAKASH BHATIA VERSUS COMMISSIONER OF CUSTOMS, DELHI [2003 (7) TMI 74 - SUPREME COURT] is concerned in the given fact of the instant case as we have already indicated in the foregoing paras that the seized birds and animals are not notified to be ‘prohibited goods’ under any law as required under Section 2(33) of the Customs Act, 1962. Petition disposed off.
|