Supreme Court of India · 2003-02-18
CHIEF FOREST CONSERVATOR(WILD LIFE)&ORS. vs NISAR KHAN
- Citation / case number
- SC 1994/72879
- Court
- Supreme Court of India
- Petitioner
- CHIEF FOREST CONSERVATOR(WILD LIFE)&ORS.
- Respondent
- NISAR KHAN
- Bench
- V.N. KHARE CJ S.B. SINHA & AR. LAKSHMANAN
Judgment text excerpt
The Supreme Court upheld the Allahabad High Court's decision allowing the respondent to carry on business as a dealer in birds specified in Schedule IV of the Wild Life (Protection) Act, 1972. The Court clarified that the amendment to Section 9 of the Act, which includes 'trapping' under 'hunting', does not prohibit the granting of a license for dealing in birds bred in captivity. The Court directed the appellants to grant the necessary license to the respondent within three months of a proper application being made, thus reinforcing the legal principle that business in captive birds is permissible under the Act if conducted lawfully.