2019 (5) TMI 1743 - HC - Customs

Seizure of of around 200 birds/animals seized by the officers of respondent - Illegal or unauthorized possession or keeping, breeding or petting the exotic birds - HELD THAT - Taking care of the nature of the dispute, the questions raised by the petitioner/Sanstha Karuna Sagar and the law under which the birds, pet and other animals have been seized by the Customs Officer, it is found proper to allow the interim custody of the birds, pets and other animals seized by the Customs Officer in this case, therefore, interim custody of the birds, pets and other animals seized by the Customs Officer be granted to the petitioner/Sanstha Karuna Sagar subject to his/its furnishing security bond of ₹ 1,00,000/- before the Chief Judicial Magistrate that petitioner/Sanstha Karuna Sagar shall abide by the direction of the Court and if directed, shall return all the birds/animals or their cost in lieu thereof. It is also directed that the petitioner/Sanstha Karuna Sagar shall take proper care including their vaccination, etc., of the birds/animals given in the custody of petitioner/Sanstha Karuna Sagar. List the matter for admission on 24-6-2019.

Summary

Issues:
- Application for urgent hearing during summer vacation
- Question of admission
- Question of interim relief
- Interim custody of seized birds and animals

Application for Urgent Hearing:
The petitioners filed an application for urgent hearing during the summer vacation, which was allowed after due consideration by the court.

Question of Admission:
The court heard the question of admission and directed that notices be issued to the respondents within four weeks upon payment of the process fee.

Question of Interim Relief:
The petitioners argued for interim custody of the seized exotic birds and animals, emphasizing their emotional attachment and care for the animals. The court noted that there was no evidence of illegal importation of the animals under the Customs Act. The court granted interim custody of the birds and animals to the petitioners, subject to a security bond of ?1,00,000, with directions to take proper care of the animals.

Interim Custody of Seized Birds and Animals:
The court considered the nature of the dispute, the petitioner's concerns, and the legal basis for the seizure by the Customs Officer. It was decided to grant interim custody of the seized birds and animals to the petitioners, Sanstha Karuna Sagar, with specific conditions. The petitioners were required to furnish a security bond and ensure proper care, including vaccination, for the animals. The matter was listed for admission on a specified date.