FACTS IN BRIEF :- In the initial proceedings t he respondents had approached the High Court of Allahabad through a writ petition inter alia for issuance of a writ in the nature of mandamus directing the appellants to grant a license for carrying on business as a dealer in birds which were bred in captivity. The same was allowed by the High Court. The same was challenged before the Supreme Court.
ARGUMENTS: The contention of the respondent, as also before the High Court was that he had been dealing in birds of several varieties specified in the Schedule IV appended to the Wild Life (Protection) Act 1972, wherefore he had applied for an had been granted a license. But his application for renewal of the said license had been rejected. Since there had been no change in the fact situation, he was entitled to be granted the extension. However the appellants argued that having regard to the Amendment made in Section 9 of the said Act whereby 'hunting' included 'trapping' of birds (specified in Schedule IV of the Act), no license for dealing in them could be lawfully granted. The appellant also stated that although dealing in birds in captivity was as such is not prohibited, no license could be granted in terms of Section 44 of the Act if by reason thereof the licensee would violate any of the provisions of the Act.
JUDGMENT:- The Apex Court, while setting aside the judgment of the High Court, observed that when hunting of birds was prohibited, there remained no doubt that no person could be granted license to deal in birds in captivity which were procured for hunting, a term which also included trapping. The Court distinguishing the two situations observed, “it is one thing to say that by reason of breeding of birds in captivity their population increases, but it is another thing to say that birds are trapped before they are made captive so as to enable the license to deal in them.” Thus the Court came to a conclusion that if a finding of the fact having regard to the past transactions of the licensee showed that the purpose of breeding of captive birds was necessarily for hunting, it justified the refusal of a license.
FOR COMMON MAN: Through this judgment the Court declared that ‘trapping’ of birds is an offence. If any one does it, it is against Wild Life (Protection) Act, 1972 and he can be sent to jail. Also, before granting license for dealing in birds, the licensing authority will have regard to the source and manner in
which supplies are made, the implications of the license on hunting and trade and the past transactions of the licensee.
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