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TMI Blog2019 (12) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... umbai (Maharashtra) as party respondents. At this stage, we do not find it necessary to issue any such directions for adding above respondents, unless the petitioner satisfies this Court establishing tenability of this petition. Rule made returnable forthwith. Heard the learned counsel for the petitioner. The prayer in this petition is to issue directions to respondent No.3 to register case against one "M/s. SRK Exotic Birds, Nagpur" and to investigate it under Section 135 of the Customs Act, 1962 and on investigation, to initiate prosecution against the concerned by monitoring the investigation. By interim measure it is prayed that directions be issued to seize the exotic species of animals or birds from the premises of the said "M/s. SR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... substantiating such submissions, had further contended that if on investigation, statements are recorded, the authorities of the respondent No.3 would establish case of illegal smuggling of exotic birds and, therefore, had prayed for issuance of directions as aforesaid. The learned counsel for respondent No.3 on accepting notice submits that the petition is misconceived and is liable to be dismissed with costs. In the background of above submissions, we find that admittedly, import of exotic species of birds or animals is not permitted unless it is under valid license or payment of appropriate customs duty. So far as Wildlife Protection Act is concerned, admittedly, exotic species of birds or animals are not covered under the schedule t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... K Exotic Birds, Nagpur" is not only engaged in keeping and trading of such birds, but are also into breeding of them irrespective of the fact that origin of such birds is not actually traced in India. As such, we do not find any manner whatsoever in which exotic species in possession of any such person can be ascertained as "smuggled into India" or "locally bred in-captivity" in the absence of any statutory ban imposed upon such in-captive breeding. In that view of the matter, we do not find any reason to issue any directions to initiate action as prayed for under the provisions of the Customs Act, 1962 on any domestic keeper of the exotic species, as issuance of any such directions would be contrary to law, as it stands on today. However, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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