TMI Blog1970 (9) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... nditions? Held that:- There is no evidence to show that "Jury Maid" was tamed. That apart the "Jury Maid" was not fondled or treated with fondness by the appellant. He obtained that animal on lease for certain specified purpose. In respect of that animal he had only a business connection. We entirely agree with those observations and reject the contention of the appellant that "Jury Maid" was a pet animal. What clause (d) of Section 111 says is that any goods which are imported or attempted to be imported contrary to "any prohibition imposed by any law for the time being in force in this country" is liable to be confiscated. "Any prohibition" referred to in that section applies to every type of "prohibition". That prohibition may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with a power to permit importation under certain conditions. 2. The facts relevant for the purpose of deciding the points in issue are not many. They may now be stated. The appellant, Sheikh Mohd. Omer, as found by the High Court was a dealer in horses especially in racing horses. He was breeding horses out of mares owned by him. He owned two stallions by name "Pieta" and "Rontgen". He claimed to have had a considerable reputation as race horse owner and for racing with horses bred by himself. He appears to have won several prizes awarded for horse races. In September, 1964, the appellant went to Europe. While he was in Switzerland he received a letter from M/s British Bloodstock Agency Ltd., London informing him that one of its clients w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re imported or attempted to be imported or are brought within the Indian customs waters for the purpose of being imported, contrary to any prohibition imposed by or under this Act or any other law for the time being in force." 5. "Prohibited goods" is defined in Section 2(33) of the Act. That definition reads : "Prohibited goods' means any goods the import or export of which is subject to any prohibition under this Act or any other law for the time being in force but does not include any such goods in respect of which the conditions subject to which the goods are permitted to be imported or exported have been complied with." 6. From this definition, it is clear that "prohibited goods" under the Act includes also such goods as may be i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnment or by any officer specified in Schedule II." 9. The relevant Entry is to be found in Item I of Schedule I in Part IV which is as follows :- "Sl. No. Name of Article Item of First Schedule to Indian Tariff Act, 1934 (1) (2) (3) Part IV 1. Animals, living all sorts I and I(I)." 10. By the notification dated January 2, 1961 referred to earlier certain exemptions were provided for personal baggage of a passenger. One of the exemptions granted is for clearance of one dog, pet animal and birds in a limited number subject to certain conditions. 11. Now we shall go back to the question whether "Jury Maid" can be considered as a pet animal. A pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ond of strange animals like lions, tigers and even crocodiles. It was not intended to make the baggage rules a warrant for transforming passengers ships into a Noah's Ark ............" 13. We entirely agree with those observations and reject the contention of the appellant that "Jury Maid" was a pet animal. 14. This takes us to the question whether by importing the mare "Jury Maid" the appellant contravened Section 111(d) read with Section 125 of the Act. It was urged on behalf of the appellant that expression "prohibition" in Section 111(d) must be considered as a total prohibition and that expression does not bring within its fold the restrictions imposed by Clause 3 of the Imports Control Order, 1955. According to the learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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