TMI Blog2021 (12) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... birds and animals are not notified under Section 123 of the Customs Act. The provision of Chapter IVA of the Customs Act which provides for detection of illegally imported goods and prevention of their disposal thereof comprising of Section 11A to 11G are also inapplicable. Admittedly, the Central Government has not notified the exotic birds and animals in question under Section 11B of the Customs Act. There are safeguards in place to detect the illegally smuggled goods at the point of entry and exit which are regulated under the Customs Act. Even the Foreign Trade Policy and the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) aid in prevention of illegal smuggling of exotic species. Neither there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. with Ms. T.Sutnga, Adv. for R 1 2., Mr. B.Bhattacharjee, AAG with Ms. R.Colney, GA for R 3. ORDER PER R.MORE, (CJ) 1. Heard learned counsels appearing for the respective parties. 2. The present Public Interest Litigation has been filed by the petitioner with a prayer to declare as void ab initio the Voluntary Disclosure Scheme dated 11-06-2020 introduced by the Wildlife Division, Government of India pursuant to an advisory issued by the Ministry of Environment, Forest and Climate Change and to issue directions DRI to seize all exotic birds and animals found within or being transported through the State of Meghalaya, whether or not any disclosed under the said disclosure scheme and to take consequential penal action a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . -12032 of 2020, wherein the Court vide order dated 30-07-2020 had inter alia held the following: 14. .In this period of six months, whosoever declares the stock of exotic species and thereby submits himself to registration and further requirements of the scheme, shall have immunity from any inquiry into source of licit acquisition or possession of the voluntarily declares stock of exotic species. Consequently, dragging the declarant and chasing him for subjecting him to any penal or confiscatory measures under any enactment in connection with such timely and voluntarily declared stock of exotic species would be highly unreasonable, arbitrary and illegal, being contrary to legitimate expectation. 15. For the above mentioned r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing that there is no ground to interfere in the said order of the Rajasthan High Court and dismissed the SLP (C) No(s). 12879/2020 by its order dated 14-12-2020. 8. Even prior to the introduction of the impugned Voluntary Disclosure Scheme, the Hon ble High Court of Allahabad, Lucknow Bench in the Public Interest Litigation filed by said Mr. Dinesh Chandra had dealt in great detail the provisions of the Customs Act, 1962, Wildlife Act and Circulars issued by the Government. After due consideration, it was held that domestic stock, captive breeding, sale, purchase, transportation etc. of exotic birds and animals within India was not in contravention of any of these laws. Import or export of exotic birds and animals at the point of entry a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led goods at the point of entry and exit which are regulated under the Customs Act. Even the Foreign Trade Policy and the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) aid in prevention of illegal smuggling of exotic species. It is also trite that not all exotic species are necessarily imported. On account of captive breeding, it is possible to find exotic birds and animals in India, outside their native origin. Thus, neither there is any statutory presumption exist to presume that all the exotic species in the domestic area are imported in India nor there is a legal requirement which compels domestic keeper, breeder or transporter of such exotic species to produce any proof of valid importation or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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