ZAVARAY S POONAWALLA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner who with permission has hunted wild animals including leopard (Panthara Pardus) at Zambia and has subjected the hunted animals into a taxidermy/trophy items has been denied importation and clearance of the said items by the Customs/cites authorities in India and hence this petition is filed seeking appropriate orders for clearance of the said items.

(2.) AS a result of indiscriminate killing of the animals and birds by human beings, either for its flesh or for trade or as a matter of hobby, several species of animals/birds have virtually become extinct. To curb the ecological imbalance caused by the ruthless killings of the animals and birds various legislations have been enacted by several countries worldwide, to protect the lives of the endangered species of animals and birds and also curb the international trade in live animals/birds or their products.

(3.) THE Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international treaty made at Washington in the year 1973 with a view to regulate the international trade in specimens of selected species subject to certain controls set out therein. India signed CITES on 9th July, 1974 and ratified the treaty on 20th July, 1976. Thus, India being a party to CITES, export and import of the species set out in the three appendices of the CITES are permissible only with the approval of the authorities constituted under CITES in India and subject to other laws enacted by the Government of India such as, Prevention of Cruelty to Animals Act, 1960, the Wildlife (Protection) Act, 1972, etc. Thus, apart from being a party to CITES, there are several legislations enacted in India to protect the wildlife and its trade.