DAMA SESHADRI NAIDU, J.

Introduction:

1. Central Government, through a notification, banned the export of shark fins. Internationally too “shark fining” is a detestable fishing activity, leading to environmental and ecological calamities. The Government first imposed this ban in 2001, relaxed it the same year. But, again, in 2015, re-imposed it.

2. One marine produce exporter, dealing exclusively in shark fins, assails the ban. It argues that India stands on a different footing, and the international parameters have no application here. It also questions the prohibition as ultra-vires of the Government power under the relevant statutes. We will examine whether the Government’s action sustains itself.

Case in Brief:

3. Marine Fins, a proprietary concern, deals in import and export of marine products. It exports mainly dried shark fins to North-East countries. Though dried shark fin has no domestic use, it has a high demand in North-East countries, especially China.

4. In 2001 Union of India issued the Gazette Notification No. SO 665(E) dated 11.7.2001; it banned catching of all species of Shark in India, treating it as an endangered animal under the Wildlife (Protection) Act, 19