TMI Blog2019 (12) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... toms 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmises and conjectures as the petitioner failed to prove any legal support in the background of his case - Petition dismissed. - CRIMINAL WRIT PETITION (WP) NO. 807 OF 2019. - - - Dated:- 11-9-2019 - P.N. DESHMUKH PUSHPA V. GANEDIWALA, JJ. Shri S. Kumar along with Shri Akshaya Sudame, Advocates for the petitioner. Shri S.N. Bhattad, Advocate for respondent No.3. Ms. S. Jachak, APP for the State. Not on board. On mentioning, taken on board. Issue notice to the respondents. Shri Bhattad, Advocate waives notice for respondent No.3 and submits that the petitioner be directed to join the authorities from the Wildlife Crime Control Bureau, Western Region, Mumbai (Maharashtra) a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld not be in a position to establish that they are legally acquiring such species of birds which are in their stock for trade. As such, it is submitted that whatsoever business is carried out by the said SRK Exotic Birds is illegal, as they would not be in a position to produce any document in compliance to requirement of Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as CITES ). In the background of above facts, the learned counsel for the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23 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. Reference can also be usefully made to the provisions of Section 110 of the Customs Act, 1962, which enables the officers of respondent No.3 Directorate of Revenue Intelligence to exercise its powers to seize any goods or documents only if, they have reason to believe that the said goods are liable for confiscation. 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 sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... breeding of the exotic species within India under the provisions of the Customs Act, 1962. As such, issuing of directions as prayed, would be without jurisdiction. 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. In view of the facts as aforesaid and for the reasons mentioned above, we are of the view that the petition is based on mere surmises and conjectures as the petitioner failed to prove any legal support in the background of his case. In the circumstances, we do not find merits in the petition, same is, therefore, dismis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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