Facts of the Case

The petitioner, a law graduate, filed a Public Interest Litigation (PIL) before the Tripura High Court seeking directions against the Union of India and other authorities regarding the possession and regulation of exotic animals and birds in India. The petitioner relied upon news reports alleging an increase in the trade of exotic wildlife species and contended that persons possessing exotic animals without making voluntary disclosure under the Ministry of Environment's Advisory dated 11.06.2020 should be treated as acting illegally.

The petitioner further requested the Court to direct the Government to amend the Wildlife (Protection) Act, 1972 and the Customs Act, 1962 so that exotic species would be specifically included within the statutory framework, enabling prosecution, confiscation, and stricter enforcement against persons possessing undeclared exotic animals.

Issues Involved

  1. Whether persons possessing exotic animals without making voluntary disclosure under the Advisory dated 11.06.2020 are liable for prosecution under the Wildlife (Protection) Act, 1972 and the Customs Act, 1962.
  2. Whether the High Court can direct the Central Government to amend the Wildlife (Protection) Act, 1972 and the Customs Act, 1962 to include exotic species.
  3. Whether non-declaration of exotic animals automatically gives rise to criminal liability, seizure, confiscation, or prosecution.
  4. Whether the Advisory dated 11.06.2020 alters the existing statutory position relating to exotic species.

Petitioner's Arguments

The petitioner argued that:

  • The Advisory dated 11.06.2020 granted an opportunity for voluntary disclosure of exotic species, and persons who failed to disclose within the stipulated period should not receive the same legal protection as compliant persons.
  • Exotic animals are frequently subjected to illegal smuggling and cruelty, requiring stronger statutory protection.
  • Exotic species should be included within the Wildlife (Protection) Act, 1972.
  • Notifications under Sections 11B, 123 and 135 of the Customs Act, 1962 should be amended so that undeclared exotic species become liable to confiscation and owners become subject to prosecution.
  • Offences relating to exotic species should be treated as non-bailable to enable effective investigation and custodial interrogation.
  • The Court should issue appropriate directions to the Government for legislative amendments in public interest.

Respondents' Arguments

The respondents relied upon the existing statutory framework and earlier judicial precedents and submitted that:

  • The Advisory dated 11.06.2020 was only intended to create an inventory of exotic live species and streamline CITES compliance.
  • The Advisory did not amend any statutory provision under the Wildlife (Protection) Act, 1972 or the Customs Act, 1962.
  • Existing judgments of various High Courts and the Supreme Court had already upheld the legality and validity of the Advisory.
  • Domestic possession, breeding, transportation and trade of exotic species continue to remain outside the scope of the Wildlife (Protection) Act, 1972 unless Parliament provides otherwise.
  • Courts cannot compel the Government to enact or amend legislation according to judicial directions.

Court Order / Findings

The Tripura High Court dismissed the PIL and held that:

  • The Advisory dated 11.06.2020 merely provides an administrative mechanism for voluntary disclosure and regulation of imported exotic species and does not amend the Wildlife (Protection) Act, 1972 or the Customs Act, 1962.
  • The Court reaffirmed earlier decisions of the Allahabad High Court, Bombay High Court, Delhi High Court, Rajasthan High Court, Meghalaya High Court and the Supreme Court, all of which upheld the validity of the Advisory.
  • Domestic trade, possession, transportation and captive breeding of exotic animals continue to remain outside the scope of the Wildlife (Protection) Act, 1972 under the existing legal framework.
  • Undeclared exotic animals are not notified under Sections 11B or 123 of the Customs Act, 1962; therefore, statutory presumptions and reverse burden provisions are inapplicable.
  • Offences concerning exotic live species continue to remain bailable under Section 104(7) of the Customs Act, 1962 in the absence of any notification declaring such species as prohibited goods under Section 135.
  • Courts cannot direct Parliament or the Executive to introduce amendments, create new offences, alter classifications of offences, or legislate in a particular manner.
  • Mere failure to make voluntary disclosure does not automatically establish illegal importation, nor can it justify arrest, confiscation or prosecution without statutory authority.
  • Presuming illegal import solely because a person failed to disclose ownership would violate Articles 14 and 21 of the Constitution.
  • Accordingly, all reliefs sought by the petitioner were rejected and the PIL was dismissed without costs.

Important Clarification

This judgment reiterates that:

  • The Advisory dated 11.06.2020 does not create new criminal offences.
  • It does not amend the Wildlife (Protection) Act, 1972 or the Customs Act, 1962.
  • Courts cannot compel the Government to enact legislation or amend statutes.
  • Possession of exotic animals within India is governed by the existing statutory framework unless Parliament specifically provides otherwise.
  • Non-disclosure under the Advisory does not automatically attract prosecution, confiscation or seizure.
  • Customs authorities continue to have jurisdiction over illegal import or export activities involving exotic species at international borders in accordance with the Customs Act, CITES and the Foreign Trade Policy.

Section Involved

  • Article 14 of the Constitution of India
  • Article 21 of the Constitution of India
  • Wildlife (Protection) Act, 1972
  • Customs Act, 1962
  • Sections 11B, 11C to 11F, 123, 104(7) and 135 of the Customs Act, 1962
  • Advisory dated 11.06.2020 relating to Voluntary Disclosure of Exotic Live Species
  • CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora)

Link to Download the Order

https://www.mytaxexpert.co.in/uploads/1785144887_2088compressed.pdf

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