Case Law Details
Smt. Adwitiya Chakrabarti Vs Union of India (Tripura High Court)
This 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.
As per settled position of law in various judgments as per the extant laws and regulations-
(i) Domestic trade, possession, transportation and breeding of undeclared exotic animals/ exotic birds within India continues to be out of the purview of Wildlife (Protection) Act, 1972.
(ii) There is no reverse burden to prove licit importation into India, because such undeclared exotic species are not included in Notifications issued under Section 123 of the Customs Act, 1962.
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