AIR 1971 SUPREME COURT 293

Supreme Court Of India

(From Calcutta: AIR 1967 Cal 16)

Hon'ble Judge(s): K. S. Hegde, A. N. Grover , JJ

(A) Sea Customs Act (8 of 1878) , S.75— (Since repealed) Passengers (Non-Tourist) by Baggage Rules 1960, clarified by Notification of Government of India, Ministry of Commerce and Industries Import Trade Control Public Notice No. I ITC (PN) 61, D/- 2-1-1961 - Exemption of pet animals from import trade control "Pet animal"- Meaning of. There is no such species of animal known as 'pet animal'. What happens 'is that certain kind of animals or birds are often domesticated and when a particular person becomes fond of such an animal or bird it may be said to have become a "pet" of that person and may be called a "Pet animal". It is a subjective expression.(Para 12) Where a person imports a mare for the purpose of breeding on a condition to return the mare along with the foals and the mare is not even seen by the person till it arrives in India, the mare cannot be said to be the pet animal of that person. AIR 1967 Cal 16, Affirmed.(Para 12) (B) Customs Act (52 of 1962) , S.111(d)— Imports and Exports (Control) Act (18 of 1947) , S.3— Imports (Control) Order (1955) , Part IV, Sch.I Item.1— Expression "any prohibition" in S. 111(d) - It mens every prohibition. The expression "any prohibition" in Section 111 (d) applies t....