A.K.SIKRI, ROHINTON FALI NARIMAN
Regional Deputy Director – Appellant
Versus
Zavaray S. Poonawala – Respondent
JUDGMENT
A.K. Sikri, J.
1. The first Respondent herein wanted to import into India a trophy of one stuffed leopard which he shot in Zambia. Leopard is a protected and prohibited species under Schedule I of the Wild Life (Protection) Act, 1972 and also under the Convention of International Trade on Endangered Species of Wild Fauna and Flora (CITES). Therefore, requisite permission under the aforesaid provisions is needed to import such a trophy. Respondent No. 1 had, in fact, applied for such permissions, the details whereof and the outcome thereof will be mentioned at a later stage, at the relevant place.
2. To put it in nutshell here, the CITES had refused to grant the permission. However, the High Court vide impugned judgment dated 28.04.2003 has come to the conclusion that the authorities which were required to give the permission had accorded due permission to the Respondent No. 1 and further that in such circumstances CITES had no locus to entertain the application or to reject it. The writ petition was, accordingly, allowed. Present appeal, via grant of special leave, arises out of the aforesaid judgment.
3. Now, some facts in detail:
Respondent No. 1 hunted certain animals in Zam
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