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2023 Supreme(SC) 280

KRISHNA MURARI, SANJAY KAROL
Swetab Kumar – Appellant
Versus
Ministry of Environment, Forest and Climate Change – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Santosh Paul, Sr. ADv. Mr. Vedant Singh, AOR

JUDGMENT :

KRISHNA MURARI, J.

1. This Miscellaneous Application has been filed by the petitioner seeking clarification of our order dated 08th August, 2022 to the effect that the mere filing of declaration under the notification dated 11.06.2020 does not preclude the Competent Authority from taking steps under Chapter VB of the Wild Life (Protection) Act, 1972 by means of amendment brought in the Act by Wild Life (Protection) Amendment Act, 2022 and it shall be open for the Competent Authority to prosecute the said declarants and also take consequential steps of seizure and confiscation of the inventory declared under the said Advisory.

2. In order to bring clarity it may be necessary to narrate a few background facts:

    Before the Wild Life (Protection) Amendment Act, 2022 was enforced, Ministry of Environment, Forests and Climate Change issued a Notification dated 11.06.2020 which was in the form of an Advisory dealing with import of exotic live species of animals and birds in India and declaration of stock. The said Advisory became the subject matter of challenge before various High Courts of the country on somewhat identical grounds. The Advisory came to be upheld by all the High Co


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