AIR 2003 SUPREME COURT 3268 ::2003 AIR SCW 4658 ::(2003) 10 IndLD 105 ::(2003) 2 WLC(SC)CVL 545 ::2003 (2) UJ (SC) 1513 ::(2003) 106 DLT 392 ::2003 (7) SCC 628 ::(2003) 6 Scale 724 ::2003 (7) ACE 753 ::(2003) 3 Mad LJ 194 ::2003 (26) OCR 899 ::2004 (134) STC 626 ::2004 (1) RajCriC 62 ::2003 (5) SLT 279 ::2003 (6) Supreme 264 ::(2003) 12 AllIndCas 170 (SC) ::(2004) 1 JCR 177 (SC) ::2003 (9) SRJ 555

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): V. N. Khare, Satya Brata Sinha, Arun Kumar , JJJ

(A) Wild Life (Protection) Act (53 of 1972) , S.49C— Ban on ivory imported in India - Term 'Ivory' not restricted to mean elephant ivory - But covers ivory of every description, also "Mammoth ivory" - Dictionary meaning of term "ivory" - Adhered to, for giving effect to purport and object of Act. Interpretation of Statutes - Penal Statute - Construction of clause of Statute - Rule of 'ex visceribus actus' applied. Where the object of the Parliament was not only to ban trade in imported elephant ivory but ivory of every description so that poaching of elephant can be effectively restricted, 'Mammoth ivory' imported in India answers the description of the words 'ivory imported in India'. Only the dictionary meaning of the term 'ivory' has to be considered. 'Ivory', therefore, even as per dictionary meaning is not confined to elephant ivory. Commercial meaning or technical meaning of an object or article is required to be taken recourse to when the same is necessary for the purpose of meeting the requirements of law. Wild Life (Protection) Act is a law which has been enacted in larger public interest and in consonance with Articles 48A and 51A (g) of the Constitution of India as also International Treaties and Conventions. The law in no uncertain terms says that no person shall trade in ivory. It does not say that what is prohibited is trade in e....