TMI Blog2020 (7) TMI 750X X X X Extracts X X X X X X X X Extracts X X X X ..... tory as well as penal, after giving this window of six months for voluntary disclosure by allowing immunities only to those, who opt to file their voluntary disclosure declaration within this six months window. Immunity is not provided to the declarants opting to disclose the stock after this limited window of six months. After expiry of this six months' window, the Scheme clearly states that- . For any declaration made after 6 months of the date of issue of this advisory, the declarer shall be required to comply with the documentation requirement under the extant laws and regulations. It is settled law that Government shall speak in same voice. The Central Government, Ministry of Environment, Forest and Climate Change, through Wildlife Division has already introduced the voluntary disclosure scheme in wider public interest by announcing immunity for a limited window of six months to promote and invite voluntary disclosure declaration from all concerned. The scheme so introduced by the Central Government shall be promoted by all the departments in wider public interest. During this limited interregnum of six months, any inquiry or action against procession, breeding or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is recently introduced by the Central Government, Ministry of Environment, Forest and Climate Change, through Wildlife Division. Press Release of the Scheme was also issued on 11.06.2020 (Annexure P-2) by the Ministry. The voluntary disclosure scheme is titled as Advisory for Dealing with Import of Exotic Live Species in India and Declaration of Stock . It inter alia provides the background as under :- .....Considering the significance of import and export of exotic live species, this Ministry is issuing an advisory to streamline the process for import and possession of exotic live species in India..... 5. The Voluntary Disclosure Scheme is in mainly in four parts as follows :- I. Developing an inventory of exotic live species in India through Voluntary Disclosure Scheme; II. Import of exotic live species and stock maintenance; III. Registration of progenies of imported animals; and IV. General. It also contains following Annexures including - (i) Annexure I- Form for Declaration of stock of Exotic Live Species, (ii) Annexure II- Registration of Stock/Change in Stock due to death/transfer/acquisition of Exotic Live Species, (iii) Annexure III- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of imported exotic live species, to maintain statutory records of stock, change in stock due to any death, transfer within India, and acquisition of further stock, providing for application to Chief Wildlife Warden (CWLW) for no objection certificate for import of exotic live species, application for registration of progeny of previously held exotic live species stock and issuance of ownership certificate for progeny of exotic live species. In effect the Government intends to collect data and have a unified information system of possession, storage, captive breeding, trade, transportation and import/ export of the exotic species listed under Appendices I, II and III of CITES, so as to take further regulatory and penal measures. Success of the scheme would provide census data, breeding data, and trade data of all exotic species kept in captivity within India to ascertain the entire picture of the status of each exotic species and regulating the same thereafter. The aforesaid voluntary disclosure is, therefore, ex facie in wider public interest. 8. The petitioner by seeking the directions as prayed in the petition is questioning the validity of the immunity promised under the vol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 48. From the aforesaid, we are of the view that the Central Government has consciously kept the exotic animals/ exotic birds out of the purview of Wildlife (Protection) Act, 1972 by not including them in its Schedules, and has thus permitted their domestic trading, possession and captive breeding in India. Such legislative intent and decision of the Government can neither be interfered with in writ jurisdiction, nor can any direction be given to the Government in this regard to amend Wildlife (Protection) Act, 1972 or Customs Act, 1962. At the point of Import/Export, a Customs/DRI officer has jurisdiction to detect and prevent International Trade, i.e., import/ export of live animals and birds into or out of India, if found in violation of the provisions of Customs Act, 1962 read with the 'CITES' and Foreign Trade Policy. Thus, any live animals and birds, while being smuggled through the Indian Customs Frontiers, can be seized at the point of Import/Export by DRI/Customs and the concerned persons can be subjected to penal and confiscatory provisions in accordance with the provisions of the Customs Act, 1962. There is no restriction on domestic trade, keeping, captive, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he date of issue of the advisory. 12. After expiry of this six months' window, the Scheme clearly states that- ...For any declaration made after 6 months of the date of issue of this advisory, the declarer shall be required to comply with the documentation requirement under the extant laws and regulations. 13. Moreover, in this context, reference can also be made to the following oft quoted judgment of Hon'ble Supreme Court: (i) In R.K. Garg vs Union of India reported in (1981) 4 SCC 675, a Constitution Bench of the Hon'ble Supreme Court recognized that there may be crudities and inequities in complicated experimental legislation but on that account alone it cannot be struck down as Invalid. (ii) In Hira Lal Hari lal Bhagwati v. CBI reported in (2003) 5 SCC 257, it was held by the Hon'ble Supreme Court that once the Kar Vivad Samadhan Scheme, 1998, which also was a voluntary disclosure scheme, was availed of, dragging the declarant and chasing him in other proceedings is highly unreasonable, arbitrary and initiation and continuance of such proceedings lack bona fides. 14. Accordingly, such action as suggested by the Petitioner, if taken by any gove ..... X X X X Extracts X X X X X X X X Extracts X X X X
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