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INDRAJIT MAHANTY, S. G. CHATTOPADHYAY
Adwitiya Chakrabarti – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's stance on exotic animals/birds legislation. (Para 2 , 3) |
| 2. discussion of legislative intent and immunity under the advisory. (Para 4 , 5 , 6) |
| 3. analysis of previous judgments related to exotic species. (Para 7 , 8 , 10) |
| 4. court's limitations on directing legislative changes. (Para 9 , 11 , 12) |
| 5. the legal status of exotic species under current law. (Para 13 , 14 , 15) |
| 6. final dismissal of the petition with reasons. (Para 16 , 17) |
JUDGMENT
Indrajit Mahanty, CJ. - Rule made returnable forthwith. Heard all parties.
2. The above PIL petition is filed by a law graduate in public interest with prayers to seek issuance of show cause to the respondents as to why a writ of or in the nature of Mandamus shall not be issued declaring that possession of all exotic animals/ birds by persons (other than those who have made voluntary disclosure with the time contemplated in Advisory, dated 11.06.2020 (Annexure -3), issued by Respondent No. 1, is illegal and the person in possession of such exotic animals/ birds be forthwith prosecuted for violation under the CUSTOMS ACT by Department of Revenue Intelligence and under the Wild Life (Protection) Act, 1972.
3. Petitioner
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....
Exercise of inherent power under Section 482 CrPC is an exception but not a rule
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,....
Amendment Act cannot post facto criminalize possession.
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....
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.
The court ruled that provisions of the Kerala Forest Act restricting capture of wild elephants violate the fundamental rights of landowners, being expropriatory without compensation and lacking reaso....
The main legal point established in the judgment is the requirement for strict interpretation of criminal statutes and the need to suppress mischief and advance the legislative object. The judgment a....
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