The petitioner Dharmaraj was arrested by the Srivilliputhur forest officials and remanded to judicial custody on June 4, 2023, after he was found in possession of ambergris, produced by the digestive system of an endangered species called sperm whale, which is protected under the Schedule II of the Wild Life Protection Act, 1972.
When his bail plea was heard by Justice G Ilangovan, Dharmaraj’s counsel argued that only hunting of the whale is prohibited by law and not the possession of ambergris. This was refuted by the additional public prosecutor who stated that ambergris is also a prohibited commodity as per the provisions of the Wild Life (Protection) Act.
Hearing both sides, Justice Ilangovan opined that whether or not Dharmaraj obtained the ambergris by hunting a sperm whale or he merely harvested it, could be revealed only during the course of investigation. Further noting that several persons have been arrested for possession of ambergris, the judge also wanted to know if harvesting or possessing ambergris is banned under the law.
