KARACHI, Feb 24: The Sindh Wildlife Department has asked the Pakistan Customs to hand it over a consignment of 31 pythons it had confiscated and given to the Karachi Zoological Gardens a few days ago without following laid down procedure and relevant rules, it emerged here on Sunday.

The department also wanted custody of the man who had brought the pythons from the United States without proper documentation so that it could take legal action against him.

According to highly placed sources, the zoo chief had first refused to take the reptiles and insisted they be given to the SWD which would then hand them over to the zoo under the procedure.

But later the (former) KMC chief intervened and took the delivery arguing that since the pythons had been in boxes at the airport for the past many days, it would endanger their lives. Mohammad Hussain Syed had said the pythons were, therefore, being shifted to the zoo and the handing over procedures, laws and rules would be followed later, said the sources.

In a communication dated Feb 20, 2013 on ‘Import of 31 specimen of snakes (pythons) from the USA’ to the customs obtained by Dawn, SWD chief Hussain Bux Bhagat says: “Please refer to the SWD’s earlier letter in which you were requested to hand over the consignment imported from the USA by M/s Sam Farms Karachi without following regulatory requirements of provincial (Sindh) and federal government wildlife laws.

“It is further added that all pythons are listed in the second schedule of protected animals of the Sindh Wildlife Protection Ordinance 1972 and also included in the appendix II of Convention on International Trade in Endangered Species (CITES).

“In response to our letter, the customs authorities called SWD officials on Feb 16, 2013 to take possession of the consignment but after making them wait for 6 to 7 hours in your office, you refused to hand over the snakes to the SWD on the pretext that additional collector of Customs (JIAP) has directed you not to hand over the consignment. Finally, the SWD officials returned without getting any positive response from the customs authorities.

“Now it has been very regretfully noted that the said consignment has been directly given to the KMC zoo without informing the SWD, for the reasons best known to you. You are further informed that importing or exporting of protected wildlife species is an offence under section 12(1)(2) of the SWPO 1972, whereas transfer of such animals to any other person or department without lawful permission of the SWD is also an offence under section 11(1) (2),” it said.

The communication adds: “The SWD has noticed that customs department has been detaining and confiscating wildlife species consignments for many months on grounds that importers and exporters have violated regulatory requirements of provincial and federal wildlife laws but neither any case have been instituted nor consigners have been handed over to the SWD, depriving the provincial government of millions of rupees to be recovered as compensation and property value from the offenders.

“It is to inform you that section 32 of the SWPO 1972 prohibits any person from being prosecuted under any other law for any act of commission which constitutes an offence under this ordinance.

“Reference is also invited to the judgment of honourable Sindh High Court, Karachi dated Jan 22, 2013 passed in the petition of Mr Saeed Ahmed, wherein the honourable court decided that the ‘birds (falcons) in custody of Customs department may be dealt with by the department in consultation with the SWD in accordance with law’.

“But in this case, you (customs department) have violated the orders of the high court by directly handing over the consignment to KMC zoo without consulting the SWD.

“You are, therefore, once again requested to hand over the consignment of 31 protected snakes (pythons) along with the offender and all case papers to the SWD so that a case may be decided in accordance with the SWPO 1972.

“Refusal to this will be considered as a refusal to implement the laws of the land,” concludes the communication copies of which have been sent to several organisations, including the federal climate change ministry, collector of customs, zoo, etc.

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