Environment -- Notification in the form of Advisory dealing with import of exotic live species of animals and birds in India and declaration of stock - Effect of - Advisory was an Amnesty scheme and declarants are immune from prosecution or action under any future laws and amendments incorporated in Wild Life (Protection) Act, 1972...........
Wild Life (Protection) Act, 1972, Section 33 -- Damages - Authority straightaway cannot impose damages in exercise of power u/s 33 of the Act - For that, authority has to initiate appropriate proceedings before the appropriate Court/forum to determine/ascertain damages...........
Wild Life (Protection) Act, 1972, Section 33 -- Damages - Discharge of effluent in National Sanctuary - Nothing on record to indicate that before imposing damages of Rs.10 Crores any show cause notice was issued to the writ petitioners - Neither respondents was given any opportunity of hearing by authorities concerned - Imposing damages of Rs.10 Crores, thus can be said to..........
Criminal Procedure Code, 1973, Section 482, Wild Life (Protection) Act, 1972, Section 2, 9, 39A, 49A, 51 -- Quashing of proceedings - Seizure of turtle - Turtle seized does not find mention in Sch.I, Part II of the Wild Life Act and turtle have already been freed on second day of its seizure - Proceedings rightly quashed...........
Customs Act, 1962, Section 124 -- Wildlife (Protection) Act, 1972, Schedule 1 - Respondent wanted to import of trophy of stuffed leopard which he shot in Zambia with due permission of Govt. of Zambia - Leopard is a protected and prohibited specie under Schedule I of Wild Life (Protection) Act, 1972 - Authorities to grant import permit for DGFT, Chief Wildlife Warden and..........
Criminal Procedure Code, 1973, Section 389, Wild Life (Protection) Act, 1972, Section 51 -- Application for suspension of order of conviction - Offence of hunting of endangered animals - Conviction u/s.51 of the Act - High Court set aside sentence to allow appellant to travel abroad for professional commitment - Appellant seeking suspension of conviction on ground of..........
Wild Life (Protection) Act, 1972, Section 51, 51(1A), 57, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Illegal transportation of prohibited item - Investigation revealed that accused had actual knowledge about transportation of prohibited item as he came forward to collect said items - Co-accused being driver of vehicle and in view of legal..........
Criminal Procedure Code, 1973, Section 227, Wild Life (Protection) Act, 1972, Section 51, 51(1A), 57 -- Discharge of accused - Validity - Accused alleged to have committed offence of illegal transportation of prohibited item - No reasons given as to why accused had been discharged - Reading of impugned order shows that no objection was taken by complainant on prayer made..........
Wild Life (Protection) Act, 1972, Section 9, 39, 51, 54, Criminal Procedure Code, 1973, Section 451 -- Possession of scheduled animals - Seizure - Return of vehicle - Offence compounded on receipt of compounding fee - Application filed for return of vehicle used in commission of offence dismissed on ground that confiscation proceedings have been initiated - Revision..........
Indian Penal Code, 1860, Section 147, 349, 350, Wild Life (Protection) Act, 1972, Section 51, 52 -- Criminal force - Rioting - Held, criminal force can only be used by one person on another - Use of force on an animal or a thing, unless such use affects another person, is not an offence - Essentially use of force should be intended to cause other person to change motion or..........
