Sanjay Vithal Das Sampat vs. Government Of INDIA
Held
The High Court held that sandalwood is a critically endangered species and its trade has attained the status of “Res extra Commercium.” Therefore, there is no fundamental right to trade in sandalwood or its products. The restrictions imposed by the Kerala Forest Act and Rules are reasonable, in public interest, and do not violate Articles 19(1)(g) or 301-305 of the Constitution.
Facts
The petitioner, a dealer in sandalwood and its products, challenged the constitutionality of Sections 47C and 47F of the Kerala Forest Act, 1961 and the Kerala Forest Rules, 2012. These provisions restrict the trade, possession, and manufacture of sandalwood and its oil to the Government or its authorized agencies. The petitioner also challenged an e-auction notification for sandalwood.
Key Issues
The key legal issues were whether Sections 47C and 47F of the Kerala Forest Act and the Kerala Forest Rules, 2012, violated the petitioner's fundamental right to trade under Article 19(1)(g) and the freedom of trade, commerce, and intercourse under Articles 301-304 of the Constitution of India.
Sections Cited
None
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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