Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss. 40 1972 declaration of custody or possession 40A Wildlife (Protection Act) captive animal or animal article |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Wild Life (protection) Act, 1972 (53 of 1972) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Wildlife (Protection Act), 1972: ss. 40, 40A – Time for declaration of custody or possession of any captive animal or animal article – Relaxation of – On facts, the appellant filed the application/ declaration on 25.05.2011 much beyond the prescribed period – Refusal of the authorised authority to issue ownership certificate in respect of the deer horn found from the house of the appellant which was in custody and possession of the appellant on the ground of delay in the application/declaration – Writ petition by the appellant – Single Judge directed the Chief Wild Life Warden to consider whether time has been relaxed in any case for the purpose of granting the certificate of ownership – Division Bench set aside the order passed by the Single Judge holding that the time limit prescribed u/r. 4(2) cannot be relaxed and/or extended – Interference with – Held: Not called for – Period of 180 days prescribed u/r. 4(2) has to be construed and considered as mandatory – Nobody can plead any ignorance or that he had no knowledge to make such declaration/application for ownership certificate – Thus, once a person in control, custody or possession of any wildlife animal or wildlife animal article, fails to file such declaration/application within the stipulated time mentioned in r. 4(2) then the bar/rigour u/s. 40 would be applicable and the ownership of such wildlife animal article of which the declaration is not made shall vest in the Government/forest department – Division Bench rightly held that the application submitted by the appellant was made beyond the period prescribed u/r. 4(2) and was rightly rejected by the appropriate authority/Chief Wild Life Warden – Wild Life Stock Rules, 2003. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 255 |
Petitioner | Vishalakshi Amma |
Respondent | State Of Kerala & Ors |
SCR | [2023] 2 S.C.R. 1081 |
Judgement Date | 2023-03-17 |
Case Number | 1720 |
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