NEW DELHI, Oct 18: There is an imminent need for jurisdictional agencies, handling affairs at international airports, to sensitise their officers in the prevailing laws before taking the drastic step of detention and arrest of an international traveller, the Supreme Court has said.
A bench of Justices Vikram Nath and Sandeep Mehta made the observations while quashing the arrest and criminal proceedings against NRI Rocky Abraham, an Indian citizen settled in Italy for over two decades.
He was detained at the Delhi airport in January 2025 for allegedly carrying a deer horn in violation of the Wildlife (Protection) Act, 1972.
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Abraham was arrested after airport officials found the horn in his baggage and registered an FIR under Sections 39, 49, and 51 of the Act.
He remained in custody for nearly two weeks before securing bail with onerous conditions, including a ban on leaving India.
The top court noted that the article recovered from the petitioner upon DNA analysis was a reindeer horn, which does not infringe any provision of law pertaining to forest or wildlife in India.
“This court feels an imminent need to require the jurisdictional agencies concerned, handling affairs at the international airports, to sensitise their officers in the prevailing laws before taking the drastic step of detention and arrest of an international traveller.
“Needless to state that any such step should not be taken in haste and must be proceeded by appropriate legal opinion and with a pragmatic approach,” the bench said.
The apex court said such ill-advised actions tend to bring the reputation of the country to disrepute in the international fora, in addition to bringing the conduct of the concerned officers into breach of the human rights guarantees.
“Consequently, we hereby declare the arrest of the petitioner and so also the FIR and all proceedings sought to be taken thereunder against the petitioner to be unlawful. The same are hereby quashed. “The writ petition pending before the High Court and the proceedings, if any, pending before the jurisdictional trial Court shall also stand closed. The petitioner is given liberty to avail a suitable remedy seeking damages before the appropriate forum,” it said. (PTI)
