Sanjay Vithal Das Sampat vs. Government Of INDIA
Held
The Court held that trade in critically endangered species like sandalwood has attained the status of 'Res extra Commercium' and does not fall under the fundamental right to trade under Article 19(1)(g) of the Constitution. The restrictions imposed by the Kerala Forest Act and Rules are reasonable, in public interest, and do not require Presidential sanction under Article 304 as there is no fundamental right to trade in such species.
Facts
The petitioner, a dealer in sandalwood, challenged the constitutionality of Sections 47C and 47F of the Kerala Forest Act, 1961 and related Rules, which restrict private trade in sandalwood and create a government monopoly. The petitioner also challenged an e-auction notification for sandalwood sale. The State argued the restrictions were necessary for conservation of critically endangered sandalwood.
Key Issues
The key legal issues were the constitutionality of Sections 47C and 47F of the Kerala Forest Act and related Rules, specifically whether they violated the fundamental right to trade under Article 19(1)(g) and required Presidential sanction under Article 304 of the Constitution.
Sections Cited
Section 47C, Section 47F
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 31ST DAY OF MARCH 2021/10TH CHAITHRA, 1943 WP(C).No.21156 OF 2018(T) PETITIONER: SANJAY VITHAL DAS SAMPAT, S/O.VITHAL DAS SAMPAT, AGED 52 YEARS, FLAT NO.31, KARISHMA APARTMENT, PLOT NO.27, I.P.EXTN. PATPARGANJ, SHAKARPUR, EAST DELHI - 110 092. BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.N.SHAMSUL HUDA RESPONDENTS: 1 GOVERNMENT OF INDIA, MINISTRY OF COMMERCE AND INDUSTRY, CENTRAL SECRETARIAT, NEW DELHI - 110 001, REPRESENTED BY ITS SECRETARY. 2 ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE, CENTRAL LICENSING AREA, 'A' WING, NEW DELHI - 110 002. 3 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 4 PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. W.P.(C) No.21156/2018 & 36021/2019 : 2 : 5 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014. BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R3-5 BY SRI.SANDESH RAJA.K., SPL. GOVERNMENT PLEADER (FOREST) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 3
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