9911796707
TMI Blog2003 (2) TMI 508X X X X Extracts X X X X X X X X Extracts X X X X ..... in birds which are bred in captivity, was allowed. Before the High Court, the contention of the respondent was that he had been dealing in birds of several varieties specified in the Schedule IV appended to the Wild Life (Protection) Act 1972 (hereinafter called "the Act") wherefor he had applied for and had been granted a licence which was valid upto 31st December 1990. For renewal of the said licence for the year 1991, he filed an application but the same had not been granted. According to the respondent he had mainly been dealing in Munias, Parakeets, Mainas and Buntings which are found in abundance in the State of Uttar Pradesh and as such no prohibition can be imposed on his business in captive birds by the appellants in te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner fulfilling all the conditions, prescribed by the aforesaid Rules of 1974." Mr. Y. P. Singh, learned counsel appearing on behalf of the appellants would submit that a bare perusal of the writ petition filed by the respondent herein would clearly indicate that he in his pursuit of dealing in birds categorically admitted that the birds are required to be trapped and as such he was not entitled to carry on his business. Mr. Mukul Rohtagi the learned Addl. Solicitor General appearing as Amicus Curias inter alia, submitted that although dealing in birds in captivity as such is not prohibited, no licence can be granted in terms of Section 44 of the Act if by reason thereof the licensee would violate any of the provisions of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by Act 44 of 1991 w.e.f. 2.10.1991 which provides that no person shall hunt any wild animal specified in Schedules I, II, III and IV except as provides under section 11 and Section 12. Section 11 provides for grant of permission for hunting of wild animals in certain cases, whereas Section 12 provides for grant of permit for special purposes. 'Trapping' of birds which comes within the purview of the meaning of the term 'hunting' is thus prohibited in terms of Section 9 of the Act. It is not in dispute that the birds which the respondent had been dealing in, find place in Item Nos. 9, 44, 45 and 50 of Schedule IV appended to the Act. Section 44 of the Act prohibits any person from commencing or carrying on business, inter alia, as a deale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be granted under the Act. It is not in dispute that the Central Government in exercises of its power conferred upon it under section 63 of the Act made the Wild Life (Transactions and Texidermy) Rules, 1973, providing for the mode and manner under which licence can be granted in terms of the Act. The Central Government also made rules known as the Wild Life (Protection) Licensing (Additional Matters for Consideration) Rules, 1983; Rule 3 whereof reads thus: "Additional matters for consideration for grant of licence under section 44 of the Act - For the purposes of granting a licence referred to in sub- section (1) of section 44 of the Act, the Chief Wild Life Warden or the authorised officer, as the case may be, shall in addition t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essarily be strictly complied with. When hunting of the birds specified in Schedule IV is prohibited, there cannot be any doubt whatsoever that no person can be granted a licence to deal in birds in captivity which are procured by hunting which, as indicated hereinbefore, would also include trapping. It is one thing to say that by reason of breeding of birds in captivity their population is raised, but it is another thing to say that the birds are trapped before they are made captive so as to enable the licensee, to deal in them. The latter is clearly prohibited. Rule 3 of the 1983 Rules clearly postulates that the licensing authority is not only required to consider the source and the manner in which the supplies for the business concerned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... criteria laid down therefor in the statute, he may issue a licence and as such it was not within the domain of the High Court to issue the impugned direction. It is set aside accordingly. For the reasons aforementioned, while allowing the appeal in part, we direct that in the event the respondent herein files an application for grant of licence for dealing in captive birds, the same shall be considered by the Licensing Authority upon satisfying himself about the capability of the respondent as regards strict compliance of the Act the Rules and/or the relevant terms and conditions of the licence as also the fact as to whether by reason of such grant any provisions of the said Act would be violated or not. This appeal is, thus, disposed of, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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