The Hon’ble Lordship Justice V.Lakshminarayanan, in a case relating to refusal of granting NOC under the Wild Life Protection Act, for the clearance of goods, viz., Conch Shells (Pleuroplaca Trapezium) which was pending clearance at Tuticorin Port imported by one M/s.Askar Sea Shell, was pleased to pass an order dated 05.11.2025 in W.P.No.30668/2025, thereby quashing the order passed by Principal Chief Conservator of Forest and Chief Wild Life Warden, Chennai, by observing that the impugned order is a mismatch of several provisions of Wild Life Act and DGFT Regulations, while also holding that, under the Foreign Trade Policy, the goods under import (Pleuroplacia

[10/11, 13:51] Sekarreporter: http://youtube.com/post/UgkxaHTkdg9IiMSp1bs6Qbk5fqpWXzTyI4dP?si=ILgxByfLFWj5uhv6
[10/11, 13:51] Sekarreporter: [10/11, 13:49] Sekarreporter: The Hon’ble Lordship Justice V.Lakshminarayanan, in a case relating to refusal of granting NOC under the Wild Life Protection Act, for the clearance of goods, viz., Conch Shells (Pleuroplaca Trapezium) which was pending clearance at Tuticorin Port imported by one M/s.Askar Sea Shell, was pleased to pass an order dated 05.11.2025 in W.P.No.30668/2025, thereby quashing the order passed by Principal Chief Conservator of Forest and Chief Wild Life Warden, Chennai, by observing that the impugned order is a mismatch of several provisions of Wild Life Act and DGFT Regulations, while also holding that, under the Foreign Trade Policy, the goods under import (Pleuroplacia Trapezium) is covered under Policy Condition no.3 and not under Policy Condition no.2, as has been wrongly held by the forest officer and accordingly held that the said goods are freely importable, without requiring a license for its import from the forest officer, but requires such license for its trade/commerce within the country and also held that the said forest officer does not have the authority to refuse “NOC” as he did not have the power to do so, when the Foreign Trade Policy permits the free importability of the said goods and also further held that, when there are no restrictions under the foreign trade policy, the said goods is not a restricted or a prohibited goods and is freely importable, while also noting that the said goods are imported under Indo-Srilanka Free Trade Agreement (ISFTA).
[10/11, 13:49] Sekarreporter: The lordship also held that since the goods under import is neither restricted nor prohibited, the same is not confiscable under the Customs Act