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1997 Supreme(Raj) 890

J.C.VERMA
RAJENDRA KUMAR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
C.N.SHARMA, K.K.MEHRISH, MANOJ SHARMA, SUBODH SHAH, SURESH H.MATHUR, V.S.GUNJAL

Judgment


J. C. VERMA, J.

( 1 ) PETITIONER was running the business of Carver Ivory, popularly known as Mammoth Ivory under the license as issued by the State which license stood renewed from year to year. There are certain restraints on his business which have been provided under the Wild Life (Protection) Act. It is stated by him that because of certain amendments made in Ss. 5, 27, 33, 34, 35 and 37 vide Act No. 44 of 1991 in the aforesaid Act, his livelihood has been effected and exercising powers under S. 49 of the Amended Act, he has been informed vide Annexure-4 dated 23-12-1991 to the effect that the import of ivory has been banned and, therefore, the petitioner is restrained from dealing with ivory in any and whatsoever manner subsequent to 29-2-1992. The letter Annexure-4 has given a cause of action to the petitioner for challenging the amended sections of Act 44 of 1991. It is stated by the petitioner that the provisions of the amended law do not and cannot have effect of preventing the manufacture or dealings in ivory of Mammoth animals, which animal according to the petitioner had already become extinct as long as 17,000 years B. C. and is no more in existence in the Uni



















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