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KRISHNA MURARI, HIMA KOHLI
Swetab Kumar – Appellant
Versus
Ministry Of Environment, Forest & Climate Change – Respondent
| Table of Content |
|---|
| 1. challenge to the legality of the advisory. (Para 1 , 2) |
| 2. agreement with prior high court decisions. (Para 3 , 4) |
| 3. post-deadline declarations lack exemptions. (Para 5) |
| 4. dismissal of the writ petition. (Para 6) |
ORDER :
1. This petition under Article 32 of the Constitution of India, in the nature of Public Interest Litigation has been filed challenging the legality and validity of the notification dated 11.06.2020 issued by the Ministry of Environment, Forest and Climate Change. The said notification was issued in the form of an “advisory for dealing with import of exotic live species of animals and birds in India and declaration of stock”.
2. The same Advisory has been the subject matter of challenge before various High Courts on identical grounds. However, it has been upheld at all junctures. Reference may be made to the judgment of the Delhi High Court dated 23.10.2020 rendered in Khodiyar Animal Welfare Trust & Anr. Vs. Ministry of Environment [Writ Petition (Civil) No. 6372 of 2020]; judgment of the Rajasthan High Court dated 14.10.2020 in Vivek Swami Vs. Union of India [D.B. Writ Petition No. 7491 of 2020]; judgment of the Meghalaya High Court dated 14.10.202
The court held that possession of undeclared exotic species is not punishable under existing laws, affirming that legislative changes cannot be mandated by judiciary unless there is a violation of fu....
Amendment Act cannot post facto criminalize possession.
The main legal point established in the judgment is that the seizure and summon issued to the appellant for the transportation of the Exotic Live Bird were illegal and an abuse of the process of law,....
The declaration under the Voluntary Disclosure Scheme serves as sufficient evidence of acquisition for Exotic animals, and subsequent legislation cannot revoke benefits conferred by the Scheme.
Exercise of inherent power under Section 482 CrPC is an exception but not a rule
Point of law: When the goods are recovered from a person who is not proved to be the importer of the goods and claims to be a purchaser of the imported goods, onus is always on the customs authoritie....
Failure to comply with the mandatory time limit for filing a declaration results in government ownership of wildlife animal articles.
The Wildlife (Protection) Act permits trade of certain imports without prior approval if classified under free categories, imposing a requirement for licenses strictly for commercial activities, ensu....
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