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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 ..... ipped of house and care for it. Insofar as the Management Authority is concerned, it is to satisfy itself that the specimen is not to be used for primary commercial purposes. The High Court while observing that the only function of the Management Authority was to ensure that ‘specimen’ is not to be used for commercial purpose looked into the function of Management Authority alone. Error is committed by glossing over the function of the Scientific Authority. This resulted in passing the impugned directions which are clearly erroneous. The judgment of the High Court, therefore, is not sustainable. We may record at this stage that after the High Court had pronounced the judgment, respondent No. 1 got the aforesaid item cleared from the Customs and is in possession thereof as of now. In such circumstances, we are of the opinion that appropriate course of action would be to permit respondent No. 1 to apply to the Scientific Authority for necessary permission in the light of the observations made hereinabove. - Civil Appeal No. 7130 of 2003 - - - Dated:- 26-3-2015 - A.K. Sikri and Rohinton Fali Nariman, JJ. JUDGMENT [Judgment per : A.K. Sikri, J.]. - The first res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dition No. 5 of letter issued by the Dy. Inspector General, Wild Life (W.L.) vide his reference dated 9-10-2001 respondent No. 1 was to obtain clearance and certificate from Director General Foreign Trade (DGFT) and CITES, wherever required and in the absence of any such permission no approval could be granted by the Dy. Inspector General (W.L.). 6. On 23-7-2002, permission was granted by the Joint Director, DGFT. Permission was granted in the form of a license. This license was, however, issued subject to certain conditions stipulated therein. Condition No. 4 thereof, with which we are concerned, reads as under : The applicant to obtain the clearance and certificate from DGFT and CITES Authorities wherever required . 7. It would be pertinent to mention here that after the aforesaid permission was granted by the Jt. Director, albeit conditional, CITES wrote a letter dated 8-11-2002 raising a query as to under what circumstances such a permission was granted. CITES had taken the position that it is under an obligation to regulate the export and import of species as set out in Appendix-I of the CITES. The Authority constituted under the CITES is charged with the responsibil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had no role to play and did not have any locus to examine the issue of permission. As per the High Court, the only role of the CITES is to see that the imported item is not used for commercial purposes. 11. After hearing the counsel for the parties at length, we are of the opinion that High Court fell into error on both the counts. Insofar as permissions of DGFT and Chief Wildlife Warden are concerned, we have already noticed above that both these permissions were conditional. Apart from many conditions imposed, the most material condition, which has been ignored by the High Court, was that those permissions were subject to the approval of the CITES and insofar as the CITES is concerned, it had not given any permission. On the contrary it had first issued letter dated 1-11-2002 which was treated as the show cause notice and thereafter, it passed the order dated 17-1-2003 specifically refusing the permission. Thus, the conditions mentioned in the approval granted by the DGFT as well as Chief Wildlife Warden, were not met by respondent No. 1 and in the absence thereof it cannot be treated that there were any proper or valid approval/permission given by the DGFT or by the Chief Wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd water recharge, water purification, and flood protection. These services are provided to us at no cost. When we destroy the ability of ecosystems to function naturally, we not only lose these free services but all too often have to pay to replace them. 16. Protecting these species contributes to a thriving, healthy planet for people s health and well-being. Wildlife nurtures a sense of wonder. It is integral to maintain the balance of nature. Ultimately, by protecting these species, we save this beautiful, vulnerable and utterly irreplaceable planet we call home. By protecting species, we also protect the essential goods and services that make our lives possible and contribute enormously to human health and well-being - breathable air, clean water, food, fibers, building materials, medicines, energy, fertile soils, climate regulation, transport, and recreational and spiritual values. We are on mission to find solutions that save the marvelous array of life on our planet. 17. If a species goes extinct, it s lost forever. Any aesthetic value it once had is gone. As Theodore Roosevelt said, When I hear of the destruction of a species, I feel just as if all the works of some ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... repealed by Resolution Conf. 10.14 which contains the currently applicable recommendations. Eleven African range States are now allowed export quotas per calendar year, totaling 2085 specimens. Each skin must be tagged by the exporting country to show the country of origin, the number of the specimen in relation to the annual quota and the calendar year to which the quota applies, and the same information must be recorded on the export document. Each exporting State must also submit an annual report to the Secretariat detailing the number of trophies and skins exported in the previous quota year. 20. Keeping in view the aforesaid spirit, CITES, as an International Treaty, was made at Washington in the year 1973 with a view to regulate the international trade in specimen of selected species subject to certain control set out therein. The clear intention behind this international Convention is that all the consenting countries come together and make joint efforts to save the animal species from going extinct, inasmuch as their survival is for the benefit of the mankind itself. The importance and role to be played by the Authorities created under CITES is to be highlighted in this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xotic leather goods, wooden musical instruments, timber, tourist curios and medicines. Levels of exploitation of some animal and plant species are high and the trade in them, together with other factors, such as habitat loss, is capable of heavily depleting their populations and even bringing some species close to extinction. Many wildlife species in trade are not endangered, but the existence of an agreement to ensure the sustainability of the trade is important in order to safeguard these resources for the future. 25. Because the trade in wild animals and plants crosses borders between countries, the effort to regulate it requires international cooperation to safeguard certain species from over-exploitation. CITES was conceived in the spirit of such cooperation. 26. In order to perform its task, namely, to regulate the animal species mentioned in Appendix-I, scientific as well as Management Authority are also contemplated in this convention which have to perform some designated function as mentioned therein. Clauses (f) and (g) of Article I defines these authorities as below : (f) Scientific Authority means a national scientific authority designated in accordance with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot to be used for primary commercial purposes. 31. The High Court while observing that the only function of the Management Authority was to ensure that specimen is not to be used for commercial purpose looked into the function of Management Authority alone. Error is committed by glossing over the function of the Scientific Authority. This resulted in passing the impugned directions which are clearly erroneous. It is here where the High Court clearly erred. It is stated at the cost of repetition that [the] matter is to be placed before the Scientific Authority and it is this Authority which has to form an opinion as to whether the import will or will not be detrimental to the survival of the species involved. This becomes extremely important to carry out the objects of the aforesaid conventions read with the fundamental principles stipulated in Article II thereof. 32. The judgment of the High Court, therefore, is not sustainable. The judgment of the High Court is set aside for the same reason. We also set aside the order of 17-1-2003 passed by the CITES, Order dated 16-5-2002 as well as show cause notice dated 27-11-2002 given by the Customs Authority under Section 124 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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