JUDGMENT

S.B. Sinha, J.-

QUESTION :

Whether mammoth ivory imported in India answers the description of the words ivory imported in India contained in Wild Life (Protection) Act, 1972 (hereinafter referred to as the said Act ) as amended by Act No. 44 of 1991 is the question involved in these appeals which arise out of a common judgment and order dated 20.3.1997 passed by a Division Bench of the Delhi High Court.

FACTUAL BACKGROUND :

2. The appellants M/s Unigems had imported mammoth fossil said to be of an extinct species in the year 1987. The stock of mammoth fossil held by the appellants is said to be periodically checked by the statutory authorities. The appellant in the other case Balram Kumawat is a carver.

3. Mammoth is said to be pre-historic animal which disappeared due to climatic conditions prevailing in Alaska and Siberia. According to the appellants the distinction between mammoth and elephant ivory is that whereas mammoth belongs to an extinct species, the ivory of elephant is of an extant living animal. The appellants state that mammoth ivory is distinguishable by visual and non-destructive means vis-a-vis elephant ivory and even in Convention on International T