JUDGMENT :

I. Mahanty, J.

1. The petitioner, namely one Vivek Swami claiming to be an animal and bird lover, has filed the present writ petition styled as a Public Interest Litigation with the following prayers:-

"(a) To issue an appropriate writ, order or direction, to declare Section 108 of the Customs Act, 1962 as ultra vires on the vice of Article 14 and 21 of the Constitution of India for being manifestly arbitrary or to read down, clarify or expound the scope of the said impugned Section 108 of the Customs Act, 1962, to save it from unconstitutionality;

(b) To issue a writ of mandamus or in the nature of mandamus to the Respondent No. 2 to issue suitable Circular/Instructions to enable the citizens in domestic possession of exotic species to make declaration under the voluntary disclosure scheme without any fear of actions under the customs Act, 1962;

(c) To issue a writ of prohibition, or any other writ, order or direction, prohibiting the officers of the Respondent No. 2 and 3 from summoning the petitioner under Section 108 of the Customs Act, 1962 for seeking any information relating to the acquisition of the exotic species in possession of the petitioner in respect of which th