SRI AVINANDAN MITRA Vs. THE COMMISSIONER OF CUSTOMS (PREVENTIVE), WEST BENGAL, KOLKATA AND OTHERS
LAWS(CAL)-2018-7-305
HIGH COURT OF CALCUTTA
Decided on July 16,2018

Sri Avinandan Mitra Appellant
VERSUS
The Commissioner Of Customs (Preventive), West Bengal, Kolkata And Others Respondents

JUDGEMENT

DEBANGSU BASAK,J. - (1.) Affidavit-in-opposition filed in Court be taken on record.
(2.) The petitioner seeks return of two Macaw birds seized from its custody by the Customs authorities.
(3.) Learned advocate appearing for the petitioner submits that, the Custom authorities had seized two Macaw birds from the custody of the petitioner. It had apparently made over custody of the two seized Macaw birds to the Zoological Garden, Alipore, for safe custody. One of the two Macaw birds was returned pursuant to an order dated May 8, 2017 passed in the present writ petition. The other Macaw bird is yet to be returned. He draws the attention of the Court to the documents annexed to the affidavit-in-opposition of Zoological Garden and submits that, the post-mortem report of the second Macaw bird is suspect. Moreover, there is no material to link any one of the two Macaw birds seized from the custody of the petitioner as the bird, which has died for which the post-mortem report has been annexed.;


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