Judicial limits on regulatory amendment and customs enforcement for exotic animals and birds under the existing statutory scheme

A writ court cannot compel the Central Government to amend the Wildlife (Protection) Act, 1972 or the Customs Act, 1962 to create a stricter domestic regime for exotic animals and birds, because such relief would intrude into legislative and executive policy-making. The existing statutory framework was found not to prohibit domestic possession, breeding or trade of exotic species within India, as they were neither covered by the relevant wildlife schedules nor notified under section 123 of the Customs Act. Customs or DRI seizure and penal action therefore required a specific statutory basis tied to import-export control, and statements under section 108 could not justify coercive enforcement outside that authorised regime.

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Issues: (i) Whether a writ court can direct the Central Government to amend the Wildlife (Protection) Act, 1972 and the Customs Act, 1962 to regulate domestic trade, possession, breeding and transport of exotic animals and birds. (ii) Whether, on the existing statutory framework, domestic possession, breeding and trade of exotic animals and birds within India are prohibited or can be subjected to seizure and penal action by Customs/DRI authorities.

Issue (i): Whether a writ court can direct the Central Government to amend the Wildlife (Protection) Act, 1972 and the Customs Act, 1962 to regulate domestic trade, possession, breeding and transport of exotic animals and birds.

Analysis: The petition sought legislative and executive intervention to bring exotic species within a stricter domestic regulatory regime. The Court held that such relief would trench upon the domain of the Legislature and the Executive. Judicial review does not permit the Court to compel the State to enact a particular law or to frame policy in a chosen manner, absent violation of constitutional or statutory limits. The materials relied upon by the petitioner showed at most a policy concern, not a justiciable basis to command statutory amendment.

Conclusion: The prayer for directions to amend the statutes was rejected and answered against the petitioner.

Issue (ii): Whether, on the existing statutory framework, domestic possession, breeding and trade of exotic animals and birds within India are prohibited or can be subjected to seizure and penal action by Customs/DRI authorities.

Analysis: The Court found that exotic animals and birds were not covered by the relevant schedules under the Wildlife (Protection) Act, 1972, and were not notified under section 123 of the Customs Act, 1962. The Customs Act operated at import and export points, where seizure depended on reasonable belief and statutory authority. In the absence of notification and a statutory prohibition, mere possession or domestic trade inside India could not be treated as smuggling or made the basis of town seizure, coercive action, or penal consequences. The Court also held that statements under section 108 must remain voluntary and cannot justify coercive interrogation in aid of an otherwise unauthorised seizure regime.

Conclusion: Domestic trade, possession and breeding of exotic animals and birds were held not to attract the requested customs seizure or penal regime under the existing law.

Final Conclusion: The writ petition failed because the reliefs sought would have required the Court to rewrite the statutory scheme, while the existing law was held to permit only import-export enforcement and not domestic seizure or prohibition of exotic species.

Ratio Decidendi: A writ court cannot compel legislative amendment or policy change, and customs seizure or penal action must rest on a specific statutory prohibition and reasonable belief within the scope of the governing enactment.

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