Cottage Industries Exposition Ltd .andAnr . vs . Union of India ( UOI ) and Ors . MANU/DE/2564/2007

Petitioner No.2 made arrangement for export of consignment containing shawls, scarf and kimonos. Custom Authorities on inspection of the export material objected on export of some shawls suspecting them to be Shahtoosh shawls following refusal on export Authorities detained the shawls – Respondent contended that trading in Shahtoosh Shawls was prohibited, Hence Petitioner contended that the shawls were made by the hair of animal “Chiru” which did not form or part of animal article.Whether the phrase “animal article” excludes animal hair.Held, as per provisions of Act, ‘hair’ form a part of the animal ‘Chiru’.Any person found to be carrying on trade or dealing in Shahtoosh was liable to be proceeded under the Act as Shahtoosh is made from ‘hair’ which is a derivative of animal Chiru, which falls under the definition of “scheduled animal article”. Accordingly, petition dismissed.

Ratio Decidendi: “Person found to be carrying on trade or dealing in Shahtoosh is liable to be proceeded under the Act as Shahtoosh is made from ‘hair’ which is a derivative of animal Chiru, which falls under the definition of “scheduled animal article”. Petition dismissed