The Supreme Court in the case Vishalakshi Amma vs State of Kerala observed and has held that the time for making a declaration of the possession of any wild animal or the animal article which is according to the Wild Life Stock Rules 2003 and the same cannot be relaxed.
The court stated that as per Section 40 of the Wildlife (Protection) Act 1972, every person who is having at the commencement of the Wildlife (Protection) Act, 1972 the control, the custody or possession of any captive animal specified in Schedule I or Part II of Schedule II or animal article, shall be withing the thirty days from the commencement of this Act, wherein making a declaration to the Chief Wild Life Warden or through the officer authorized. While failing to do so will constitute an offence.
The court observed that Section 40A of the Act grants immunity and if the declaration is made within the extended time as specified by the Central Government. Thus, the Central Government has to notify three Declaration of Wild Life Stock Rules, 2003. It has also been specified in the Rule 4(2) of the said Rules that such declaration which has to be made within 180 days from the date which being April 18, 2003, on which the rules came to be published.
It has also been held by the Supreme Court at that it is being specified that this time of 182 days in Rule 4(2) is mandatory and cannot be extended.
The bench comprising of Justice MR Shah and Justice Manoj Misra in the case observed wherein an appeal has been filed by a private party challenging the decision of the Kerala High Court wherein it is refused to relax this time limit. Earlier, it has been directed by the Single judge of High Court that the authorities to consider the declaration made by the party beyond the specified time limit. Therefore, the division bench reserved the order in an intra-court appeal filed by the State.
Accordingly, the Supreme Court affirmed the rulings of the division bench and has dismissed the appeal.
