Judgment

HEGDE, J.- In this appeal by certificate two questions of law arise namely (l) whether on the facts of this case the mare "Jury Maid" can be considered as a "Pet animal" within the meaning of that expression in the notification issued by the Government of India, Ministry of Commerce and Industries, Import Trade Control Public Notice No. 1-I.T.C.(PN)/61 dated 2nd January 1961 and (2) whether the expression "prohibition" contained in Sec. 111 (d) of the Customs Act 1962 (which will hereinafter be referred to as the Act) includes prohibition of imports coupled 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 S