Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Wild Life (Protection) Act 1972 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Wild Life (Protection) Act, 1972/Wild Life (Protection) Licensing(Additional Matters for Consideration) Rules, 1983:Ss.9,44(4)-Schedule IV/r.3-Grant/Renewal of licence for carrying onbusiness as a dealer in birds specified in Schedule JV- Declined by Wild Lifeauthorities-Notice issued to dealer to dispose of all birds in his possession--Writ petition before High Court by dealer-Allowed-Wild life authorities ·directed by High Court to grant licence to the petitioner-He/d, trapping ofbirds which comes within the purview of the term 'hunting' is prohibited interms of s.9-Although grant of licence in respect of birds in captivity is notaltogether prohibited but before grant of licence the licensing authority isunder a statutory obligation to ensure that thereby inter alia the provisionsof s. 9 of the Act as also the provisions of the Rules are not violated-Anyprovision contained in the Act aiming protection of wild animals mustnecessarily be strictly complied· with-When hunting of the birds specified in ·Schedule-JV is prohibited, there can not be any doubt whatsoever that noperson can be granted a licence to deal in birds in captivity which are procuredby hunting which would also include trapping-Rule 3 clearly postulates thatthe licensing authority is not only required to consider the source and themanner in which the supplies for the business concerned would be obtainedbut also is required to bestow serious consideration as regards implicationswhich the grant of such licence would have on the hunting or trade of wildanimals concerned-When the licensing authority arrives at a finding of facthaving regard to the past transactions of a licensee that it can not carry onthe business by reason of breeding of captive birds but necessarily therefor heis to hunt, the licensing authority would be justified in refusing to grant alicence in terms of the provisions of the Act-The licensing authority is capableof strictly complying with the provisions of the Act, the Rules as also the termsand conditions of the licence laid down therefor-Only in the event of hisbeing satisfied upon considering the objective criteria laid down therefor inthe statute, he may issue a licence and as such it was not within the domainof the High Court to issue the impugned direction-It is set aside accordingly-Constitution of India-Article 226-Wild Life (Transactions and Texidermy)Rules, 1973.Ss.2(1), 2(5),2(11),2(16),2(36) and 9-'Animal', 'captive animals'-'Dealer '-'Hunting'- 'Wild animal '-Dealer in birds-Term 'animal' includesbirds- 'Hunting' includes trapping of any wild animal- 'Trapping' of birdswhich comes within the purview of the meaning of the term 'hunting' isprohibited in terms of s.9. |
Judge | N/A |
Neutral Citation | 2003 INSC 99 |
Petitioner | Chief Forest Conservator (wild Life) And Ors. |
Respondent | Nisar Khan |
SCR | [2003] 2 S.C.R. 196 |
Judgement Date | 2003-02-18 |
Case Number | 5519 |
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