The petitioner submitted that, at the time of the seizure of the contraband, the actor did not possess a certificate of ownership as mandated under the Wildlife (Protection) Act, 1972. The certificate was granted later by the Principal Chief Conservator of Forests in collusion with the actor.

The petitioner contended that the issuance of the certificate of possession was illegal and in violation of the provisions of the Wildlife (Protection) Act.

He also submitted that no case had been registered for the illegal possession of the thirteen ivory artefacts found at the actor’s residence.

The court held that the ownership certificates issued by the Government in 2016–17 were legally unenforceable. While striking down the government orders, as well as the ownership certificates dated 16 January, 2016, and 6 April, 2016, issued to actor Mohanlal, the Bench declared them illegal and unenforceable.

“We refrain from dealing with the arguments advanced on behalf of the petitioners as regards the manner in which the power to issue ownership certificates was exercised. We feel that any finding on those issues might prejudice the actor and the criminal proceedings pending against him. We would only observe that the State Government is at liberty to issue a fresh notification in terms of Section 44 of the 1972 Act for conferring the immunity envisaged under the provision to persons or classes of persons covered under the statutory provision,” the Division Bench observed.