2022 (3) TMI 1376 - HC - Indian Laws

Seizure of a Live Exotic Bird (Green Winged Macaw) - petitioner has declared this bird under the Advisory for Dealing with Import of Exotic Live Species in India and Declaration of Stock , issued by the Ministry of Environment, Forest and Climate Change (Wildlife Division), Government of India as a Progeny of already declared stock - HELD THAT - Be that as it may, the Customs Authority shall complete investigation within a period of one month from date, mandatorily and positively. The Wild Life Warden shall ensure that the process of registration and acceptance thereof, under the aforesaid Advisory, is completed in acceptance or otherwise, of the birds registered by the petitioner. This shall be completed as expeditiously as possible, preferably within a period of three months from the date of communication of a copy of this order. The petitioner shall not be permitted to trade in the said birds until clearance by the Wildlife Warden - Let a copy of this order be served by the Registry on the Chief Wildlife Warden of the State of West Bengal. Writ petition disposed off.

Summary

Issues: Seizure of Live Exotic Bird by Customs Authority, Compliance with Ministry's Advisory on Import of Exotic Live Species, Time Limit for Investigation, Registration Process by Wild Life Warden, Trading Restrictions, Disposal of Writ Petition

In the judgment, the High Court of Calcutta addressed the grievance of the petitioner regarding the seizure of a Live Exotic Bird (Green Winged Macaw) by the Customs Authority in Kolkata. The bird was released on a bond executed by the petitioner. The petitioner had declared the bird under the Ministry of Environment's Advisory for Dealing with Import of Exotic Live Species in India and Declaration of Stock, stating it was a Progeny of already declared stock, pending consideration. The Court questioned how the petitioner could trade in the bird while the application was pending. It was noted that there was no specific time limit for the Wild Life Warden to complete the registration process and accept entries made by bidders.

The Court directed the Customs Authority to complete the investigation within one month mandatorily. The Wild Life Warden was instructed to ensure the registration and acceptance process under the Advisory was completed promptly, preferably within three months from the date of the order. The petitioner was prohibited from trading in the birds until clearance by the Wildlife Warden. The Registry was ordered to serve a copy of the order on the Chief Wildlife Warden of West Bengal. The writ petition was disposed of with no costs, and all parties were directed to act on a server copy downloaded from the Court's official website.