High Court directs Customs to conclude bird seizure probe within a month; Wildlife Warden to expedite registration. The High Court of Calcutta directed the Customs Authority to complete the investigation into the seizure of a Live Exotic Bird within one month. The Wild ...
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High Court directs Customs to conclude bird seizure probe within a month; Wildlife Warden to expedite registration.
The High Court of Calcutta directed the Customs Authority to complete the investigation into the seizure of a Live Exotic Bird within one month. The Wild Life Warden was instructed to expedite the registration process under the Ministry's Advisory, preferably within three months. The petitioner was prohibited from trading the bird until clearance by the Wildlife Warden. The writ petition was disposed of with no costs, and parties were directed to act on a server copy of the order from the Court's official website.
Issues: Seizure of Live Exotic Bird by Customs Authority, Compliance with Ministry's Advisory on Import of Exotic Live Species, Time Limit for Investigation, Registration Process by Wild Life Warden, Trading Restrictions, Disposal of Writ Petition
In the judgment, the High Court of Calcutta addressed the grievance of the petitioner regarding the seizure of a Live Exotic Bird (Green Winged Macaw) by the Customs Authority in Kolkata. The bird was released on a bond executed by the petitioner. The petitioner had declared the bird under the Ministry of Environment's Advisory for Dealing with Import of Exotic Live Species in India and Declaration of Stock, stating it was a Progeny of already declared stock, pending consideration. The Court questioned how the petitioner could trade in the bird while the application was pending. It was noted that there was no specific time limit for the Wild Life Warden to complete the registration process and accept entries made by bidders.
The Court directed the Customs Authority to complete the investigation within one month mandatorily. The Wild Life Warden was instructed to ensure the registration and acceptance process under the Advisory was completed promptly, preferably within three months from the date of the order. The petitioner was prohibited from trading in the birds until clearance by the Wildlife Warden. The Registry was ordered to serve a copy of the order on the Chief Wildlife Warden of West Bengal. The writ petition was disposed of with no costs, and all parties were directed to act on a server copy downloaded from the Court's official website.
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