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4. It is submitted that the Petitioner had made an application for the grant of No Objection Certificate from the Chief Wildlife Warden, Govt. of NCT of Delhi and Deputy Director, Wildlife Preservation, Regional Office (NR) & Assistant CITES Management Authority of India to import into India a trophy of leopard - Panthera Pardus. It is submitted that the import and export of any item into India or from India is governed by the provisions of Foreign Trade (Development & Regulation) Act, 1992 and the Foreign Trade Policy. The Foreign Trade Policy is notified from time to time by the Director General of Foreign Trade in exercise of its power under Section 5 of the Foreign Trade (Development & Regulation) Act, 1992. A copy of the Notification No.1 (RE-2003/2002-07), New Delhi dated 31st March, 2003 notifying the Export - Import Policy (which is now known as Foreign Trade Policy) 1st April 2002 - 31st March, 2007 as amended upto 31.03.2003. It is submitted that under the provisions of entry No.4302 19 40 of the Foreign Trade Policy, the import of tiger/ cat skin is prohibited /not permitted to be imported. The import of hides and skins of other animals with hair on, tanned or dressed is though free, i.e. without licence, however, subject to the provisions Wildlife (Protection) Act, 1972 and CITES vide entry No.4302 19 90 of ITC (HS) classifications of Export Import items 2002-07.

5. The Policy provision in respect of the item in question as per Chapter 43 of ITC(HS), Classification of Export and Import items is reproduced below:

            ITC(HS) Code    Item                 Policy         Condition
            No.                                                 relating to the
                                                                Policy

            43021940        Tiger-Cat Skins      Prohibited     Not permitted
                                                                to be imported.

            43021990        Hides and skins of Free             Imports      are
                            other     animals                   subject to Wild
                            with   hair    on,                  Life
                            tanned or dressed                   (Protection)
                                                                Act, 1972 and
                                                                CITES

            43022000        Heads, tails, paws Free             Imports     are
                            and other pieces                    subject to Wild


                            or cuttings,    not                  Life
                           assembled                            (Protection)
                                                                Act, 1972 and
                                                                CITES.

            43023000       While skins and Free                 Imports      are
                           pieces or cuttings                   subject to Wild
                           thereof,                             Life
                           assembled                            (Protection)
                                                                Act, 1972 and
                                                                CITES.

Counsel further submits that while the import of hides and skins of other animals with hair on, tanned or dressed is though free i.e. licensing, however, subject to the provisions of the Wildlife (Protection) Act, 1972, and CITES vide entry no.4302 19 90 of ITC (HS) classifications of Export Import Items 2002 - 2007. Counsel for the respondents has drawn the attention of the court to the copy of the ITC (HS) classification of Export Import items 2002 - 2007 relating to the relevant entry no.4302 19 90.

20. Learned counsel for the respondents submits that by virtue of Import Licenseing Note 6 given under Chapter I of Section 1 of Exim Policy ITC (HS) Classification of Export and Import items 2002 - 2007, the import of wild animals including their parts and products as defined in the Wildlife (Protection) Act, 1972, is prohibited. Note 6 of the Import Licenses given in Chapter I of Section 1 of the Exim Policy ITC (HS) Classifications of Export & Import Items 2002 - 2007, reads as under: