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, ensuring compliance with protective laws.

ORDER :

V. LAKSHMINARAYANAN, J.

1. The petitioner is an importer and trader of various goods. He is registered with the Joint Director General of Foreign Trade and possesses GST and Income Tax Registrations. The petitioner imported a particular variety of conch shells on 07.12.2024, classified as “Pleuroploca Trapezium” (hereinafter referred to as 'PT'). The goods were imported from the Democratic Socialist Republic of Sri Lanka (herein after referred to as 'Sri Lanka'), through the Indo-Sri Lanka Free Trade Agreement (hereinafter referred to as 'ISFTA'). The goods fall under the Customs Tariff Heading No.050-800-90.

2. The petitioner, in order to clear the goods, filed the following documents along with the bill of entry:-

(i) 'International Zoo Sanitary Certificate for products of Animal Origin Destined for use in Animal Feeding or for Industrial or Pharmaceutical use' issued by the Department of Animal Production and Health, Ministry of Animal Quarantine, Sri Lanka;

(ii) Letter of No Objection issued by the Department of Fisheries and Aquatic Resources, Sri Lanka to the overseas exporter to transport and keep in possession of 'PT';

(iii) Identification Certificate of the Conch Shell issued by the Director General, National Aquatic Resources Research & Development Agency, Sri Lanka;

(iv) Fumigation Certificate dated 03.12.2024 issued by SML Eco Pest Control, Member of Pest Managers Association of Sri Lanka;

(v) ISFTA Certificate; and (vi) Certificate of Origin

3. The Customs Department, after having performed their duty, assessed the goods and collected a duty of Rs.20,000/-. As the products were animal products, the customs referred the matter to the Wild Life Crime Control Bureau (hereinafter referred to as 'WCCB'), Government of India, Ministry of Environment, Forest and Climatic Change, Chennai, for approval and for issuance of No Objection Certificate for clearance of the goods.

4. The WCCB, in turn, addressed a letter to the Superintendent of Customs, Tuticorin, informing that 'PT' fell under Schedule II of the Wild Life (Protection) Act. Consequently, invoking Section 39 (3) of the Act, 1972, WCCB stated that every wild animal, animal articles etc., are the properties of the State Government. Therefore, it informed the Customs authorities that no person can acquire the same or keep in possession, custody, or control or transfer them to any other person by sale or gift or destroy or damage, without obtaining the prior permission from the Chief Wild Life Warden or Authorised Officer. Accordingly, the WCCB directed the petitioner to obtain permission to stock the consignment. On being intimated to this effect by the Wild Life Crime Control Bureau, the petitioner wrote to the Chief Wild Life Warden seeking a No Objection Certificate for release of the imported 'PT' from the Tuticorin Port.

5. The Chief Wild Life Warden passed an order on 24.01.2025 directing the District Forest Officer to ensure the return of the imported consignment to its country of origin/Sri Lanka and report the same to him. Aggrieved by this order, the petitioner approached this court by way of a writ petition in W.P.No.6549 of 2025.

6. After hearing both sides, this court came to a conclusion that the order was a non-speaking order, which was passed without any reference to the documents filed by the petitioner and without adherence to the principles of natural justice. Consequently, the order dated 24.01.2025 was set aside with a direction to the Principal Chief Conservator of Forests and Chief Wild Life Warden to