Judgment

S.B. Sinha, J.—

Introductory Remarks :

Applicability of the provisions of the Wild Life (Protection) Act, 1972 is in question in this set of appeals which arise out of a common judgment and order dated 20.3.1997 passed by a Division Bench of the Delhi High Court. The appellants herein are engaged in the business of manufacture and sale of articles relating to art and craft manufactured from ivory. The appellants herein imported ivory from African countries. They have manufactured certain articles out of the same. It is not in dispute that the said import had legally been made as there did not exist any restriction in that regard.

2. The Wild Life (Protection) Act, 1972 (hereinafter referred to as ‘the said Act’ for the sake of brevity) was enacted to provide for the protections of wild animals, birds and plants and for matters connected therewith or ancillary thereto or incidental therewith. Indian elephant was brought within the purview of Schedule A of the Act on or about 5.10.1977. The Union of India also banned export of ivory in the said year.

3. Chapter V of the said Act deals with trade or commerce in wild animals, animal articles and trophies. By Act No. 28 of 1986 Chap