A division bench of the Calcutta High Court , while allowing a petition, has allowed the transportation of Green Wing Macaw declared under the Voluntary Disclosure Scheme. A division bench of the Court comprising Chief Justice Justice Prakash Shrivastava and Justice Krishna Rao also observed that the Exotic Birds not covered under Wild Life Act.
The appellant, Sukanta Mallick, is having the Certificate of Enlistment of the trade of selling of livestock (birds – live exotic birds), was transporting the Exotic Bird (Green Wing Macaw) from Kolkata to Madras International Airport Meenambakkam Chennai and during transportation, the Inspector of Customs had seized the said bird under section 110 of the Customs Act, 1962 and initiated proceedings.
The appellant contended that the Central Government by introducing the “Voluntary Disclosure Scheme” has given an option to all citizens to voluntarily declare their stock of exotic species under the Appendices I, II and III of CITES, if any with them, within six months from the concern date in June, 2020. The Scheme requires citizens to submit themselves to the provisions of the scheme and to thereafter maintain the statutory record as prescribed under the scheme for any addition or reduction in declared stock of exotic species.
As per the Clause I (e) of the advisory issued by the MOEFCC, a period of six months from the date of the order is given for voluntary disclosure of those who are in possession of Exotic Live Species in the country. As per Clause III (3), the Chief Wildlife Warden shall after verification of the details issue an Ownership Certificate for such progenies of Exotic Live Species as per Annexure-V.
The division bench held that “in the instant case the respondent no. 3 had seized Exotic Bird of the appellant but admittedly the Central Government has not notified the exotic bird and animals in question under section 11B of the Customs Act or in any of the Schedule of the Wild Life (Protection) Act, 1972 and thus mere surmises or merely on the basis of the statements recorded by the Custom or Wildlife authorities would be contrary to the provisions of the Customs Act, 1962 or even Wild Life Act.”
It was also observed that the Exotic Birds are neither notified under any Schedule of Wild Life Act nor under the Custom Act.
Allowing the petition, the Court held that “the appellant, by virtue of the Advisory had declared the stock of Exotic Live Spices on 15.11.2020 i.e. within six months from the issuance of the Advisory and thus in view of the judgments referred above the seizure made by the respondent no. 3 on 24.12.2021 and subsequent summon issued to the appellant by the respondent no. 3 is bad in law and illegal. It certainly amounts to abuse of the process of law.”
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