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TMI Blog2015 (3) TMI 1134X X X X Extracts X X X X X X X X Extracts X X X X ..... to the respondent No. 1 and further that in such circumstances CITES had no locus to entertain the application or to reject it. The writ petition was, accordingly, allowed. Present appeal, via grant of special leave, arises out of the aforesaid judgment. 3. Now, some facts in detail : Respondent No. 1 hunted certain animals in Zambia in June, 2000. No doubt, this hunting was with due permission taken from the Government of Zambia. Thereafter, he exported the hunted animals to Zimbabwe for processing them into items of taxidermy hunting trophies. Respondent No. 1 claims that he had complied with the local laws prevailing in Zambia as well as Zimbabwe for the aforesaid purposes. One of the items, with which we are concerned, is the trophy of stuffed leopard. He wanted to bring this trophy into India. 4. It is a matter of record that leopard is a protected and prohibited specie under Schedule I of the Wildlife (Protection) Act, 1972 (hereinafter referred to as the 'Act'). It is also treated as an endangered species at the international level. Therefore, for import of such a trophy into India, various statutory or legal permissions are required to be taken. 5. Respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 1 was that it is the Chief Wildlife Warden under the Wild Life (Protection) Act, 1972, who was competent authority to grant the permission and respondent No. 1 had the permission of the said authority granted to him vide letter dated 11-4-2002. 9. After the aforesaid show cause notice was issued by the Customs Authorities, respondent No. 1 filed the writ petition in the High Court, as mentioned above, under Art. 226 of the Constitution challenging the validity of CITES letter dated 8-11-2002 as well as show cause notice issued by the Customs Authorities under Sec. 124 of the Customs Act. In the writ petition, interim orders were passed by the High Court directing Regional Dy. Director CITES to treat the communication dated 8-11-2002 as the show cause notice and pass order after hearing respondent No. 1. Pursuant to this direction the Dy. Director, CITES heard respondent No. 1 and passed the orders dated 17-1-2003, thereby rejecting the request of respondent No. 1 and refusing the permission for clearance of the item in question. Respondent No. 1 amended the writ petition and included challenge to the orders dated 17-1-2003 as well, passed by Dy. Director of CITES. 10.&ems ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 15. Saving wildlife is a core responsibility of mankind. Animal populations are disappearing at an alarming rate. Saving endangered species (plants and animals) from becoming extinct and protecting their wild places is crucial for our health and the future of our children. Man has produced a thousand and one inventions while observing nature. Think of Leonardo da Vinci, who drew flying machines as he watched the flight of bats. In the area of human health, animals and plants often show us the way to stay in shape. As species are lost it impacts the possibility of future discovery and advancement. The impacts of biodiversity loss include clearly into fewer new medicines, greater vulnerability to natural disasters and greater effects from global warming. In nature, everything is interconnected. Unfortunately, we often have very little idea of all the repercuss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... na as a national treasure. 19. The leopard, Panthera pardus, was listed in Appendix-I in 1975, as part an overall move to protect spotted cats from commercial trade in their skins. Therefore, international trade in it or its products for primarily commercial purposes was prohibited. However it has been recognized that killing of specimens may be sanctioned by countries of export in defense of life and property and to enhance the survival of the species. Furthermore, this resolution also recognized that the leopard was not endangered in several African countries. Equally, this resolution recognized the overwhelming desire of Parties not to re-open a commercial market in leopard skins. Thus, Resolution Conf. 4.13 struck a balance by establishing a quota system that was subject to a review every two years at successive Conferences to the Parties. Quotas were initially established from 7 African countries, totaling 460 specimens. Importers were allowed only one skin per person per calendar year, and these were allowed only as personal imports that could not be sold in the country of import. The leopard quota system was reviewed through Resolution Conf. 4.13 and 6.9, when quotas w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Article I clause (a) defines "species" in the following form : (a) "Species" means any species, sub species, or geographically separate population thereof. 23. As per the clause (b) which defines "specimen" to mean, amongst others, in case of an animal those which are included in appendices I and II. CITES vision statement is conserve biodiversity and contribute to its sustainable use by ensuring that no species of wild fauna or flora becomes or remains subject to unsustainable exploitation through international trade, thereby contributing to the significant reduction of the rate of biodiversity loss. The Preamble to the Convention states that the objective of CITES is to prevent the over-exploitation of species through international trade and to ensure their long term survival. The ultimate aim of the Convention is undoubtedly to promote species conservation. However, legally the convention only has jurisdiction over the regulation of international trade and cannot be held accountable for the effects of other factors which affect species conservation, such as habitat conversion. 24. Widespread information nowadays about the endangered status of many promin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "The import of any specimen of species included in Appendix-I shall require the prior grant and presentation of an import permit and either an export permit or a re-export certificate, etc. An import shall only be granted when the following conditions have been met : (a) a Scientific Authority of the State of import advised that the import will be for the purposes which are not detrimental to survival of the species involved; (b) a Scientific authority of the State of import is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and (c) a Management Authority of the State of import is satisfied that the specimen is not to be used for primarily commercial purposes." 29. We may also point out at this stage that under Article IX, the functions of Management and Scientific Authorities are mentioned. 30. What flows from the conjoint reading from the aforesaid provisions is that before import of any specimen of species included in Appendix I, prior import permit of Scientific Authority and Management Authority is required and before such a permi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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