SAMIR THAPAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By the present petition filed under Article 226 of the Constitution of India, petitioner has invoked the extra-ordinary jurisdiction of this Court and seeks a direction to respondents no.3 and 4 to issue a No Objection Certificate for importing one animal trophy from the Republic of Tanzania, for his personal use.

(2.) Brief facts, which have led to filing of the present petition, as stated in the petition, are that the petitioner had visited Republic of Tanzania for a holiday and he went on a hunting spree to Farms of Solaces Game Reserves from 24th July to 31st August, 2001. During the course of hunting the petitioner hunted various species under a valid hunting permit granted to the petitioner by the Government of Tanzania, as detailed below : <FRM>JUDGEMENT_3818_ILRDLH20_2010_1.html</FRM>

(3.) The petitioner, in support of his claim that he had visited Tanzania and had also been on a hunting spree, produced before respondents no.3 and 4 a letter dated 08.07.2002 issued from Luke Samaras Safaris Limited, Tanzania, as well as letter dated 17.07.2002 from the Ministry of Natural Resources and Tourism, United Republic of Tanzania, stating that the species hunted by him were legally acquired and supported the claim for importation into India, CITES permit for lion, hypo and leopard. Other species do not attract provisions of CITES. Expert?s certificates dated 12.11.2001 and 05.11.2001 from the United Republic of Tanzania as well as the hunting permit were also produced. On his return to India, petitioner made an application for grant of a no objection certificate for import and clearance of hunting trophies to the Deputy Director, Wildlife Regional Office (NR), respondent no.3, Ministry of Environment and Forests, Bikaner House, New Delhi, on 02.08.2002.