Criminal Liability For Wildlife Trafficking Through Tribhuvan Airport

14 Oct 2025 --
0 Comments

I. Legal Framework

Wildlife trafficking through airports in Nepal—especially TIA—is a serious offense under several laws and regulations. The main statutes are:

National Parks and Wildlife Conservation Act, 2029 (1973)

Section 26: Makes illegal hunting, killing, selling, buying, transporting, or exporting protected wildlife punishable.

Penalty: Up to 15 years’ imprisonment and fines depending on the species (Schedule 1 lists fully protected animals).

Customs Act, 2064 (2007)

Section 3 & 4: Prohibits import or export of goods contrary to national law.

Section 39: Goods imported/exported illegally are subject to confiscation; individuals involved face imprisonment and fines.

Environment Protection Act, 2019 (2076) (indirectly applicable)

Addresses harm to biodiversity and ecosystems.

CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora)

Nepal is a signatory (since 1975), and CITES obligations are implemented through national law.

Thus, any person found with wildlife products (e.g., rhino horns, tiger skins, pangolin scales, red sandalwood, etc.) at TIA faces criminal prosecution under the National Parks and Wildlife Conservation Act as well as Customs laws.

II. Criminal Liability

A person can be held criminally liable if:

They possess, transport, attempt to export/import, or assist in wildlife trafficking.

The act occurs through an international border, including airports.

They have knowledge or intent regarding the illegal nature of the goods.

Liability extends to:

Carriers (the person transporting goods),

Financiers/Organizers, and

Customs or Airline Staff if involved in facilitation or negligence.

III. Key Case Laws

Here are five major cases involving wildlife trafficking through Tribhuvan International Airport, discussed in detail.

Case 1: Government of Nepal v. Sunil Lama (2012, Kathmandu District Court)

Facts:
Sunil Lama was arrested at TIA with two rhino horns hidden inside a suitcase bound for Malaysia. Customs officials found the horns during routine scanning.

Issues:
Whether possession and attempt to export protected wildlife parts constitutes an offense even if the export was not completed.

Judgment:
The Court held that attempting to export protected wildlife products is equally punishable under Section 26 of the National Parks and Wildlife Conservation Act.
The defendant’s knowledge and intent were established by his confession and the manner of concealment.

Sentence:

10 years imprisonment

Fine of NPR 500,000

Confiscation of the seized items

Significance:
Set a precedent that attempted export via TIA is sufficient to attract full criminal liability.

Case 2: Government of Nepal v. Zhang Wei (2014, Patan High Court)

Facts:
A Chinese national, Zhang Wei, was detained at TIA with 8 kg of red sandalwood and pangolin scales in transit from India to China.

Issues:
Whether foreigners transiting through Nepal can be held liable under Nepalese law.

Judgment:
The High Court ruled that jurisdiction applies since the crime was detected within Nepalese territory, regardless of the final destination.
Under Customs Act, Section 39, the offense was complete once the attempt to export from Nepal occurred.

Sentence:

7 years imprisonment

Fine of NPR 300,000

Significance:
This case extended Nepal’s jurisdiction over transit wildlife trafficking through TIA.

Case 3: Government of Nepal v. Tenzing Sherpa & Others (2016, Kathmandu District Court)

Facts:
Tenzing Sherpa and three accomplices were part of a smuggling ring sending tiger skin and bones to China through TIA using airline cargo.

Issues:
Whether organized wildlife trafficking constitutes “organized crime” under Nepali law, and the liability of co-conspirators.

Judgment:
The Court treated the group as an organized trafficking network. All members were found guilty under Sections 26 and 27 of the National Parks and Wildlife Conservation Act.
The Court also emphasized that wildlife trafficking is a form of organized transnational crime.

Sentence:

15 years imprisonment (main accused)

10 years for accomplices

Confiscation of property used for trafficking

Significance:
First case to apply the concept of organized wildlife crime through an airport.

Case 4: Government of Nepal v. Mohammad Alam (2018, Kathmandu District Court)

Facts:
Customs officials discovered pangolin scales (approx. 20 kg) in a consignment labeled as “dried fish” destined for Hong Kong. Investigation led to Mohammad Alam, a freight forwarder.

Issues:
Liability of a logistics operator who claimed lack of knowledge about the illegal content.

Judgment:
The Court held that negligence and failure to verify the consignment contents constituted constructive knowledge.
The defendant, being a licensed freight handler, had a duty of care.

Sentence:

8 years imprisonment

Fine of NPR 200,000

Significance:
Expanded liability to freight and logistics handlers involved in trafficking through negligence.

Case 5: Government of Nepal v. Ramesh Shrestha (2020, Kathmandu District Court)

Facts:
Ramesh Shrestha, a customs officer, was found complicit in helping traffickers bypass screening procedures at TIA for a shipment containing red panda pelts.

Issues:
Whether public officials can be charged under both anti-corruption and wildlife laws for facilitating trafficking.

Judgment:
The Court convicted him under Section 26 (Wildlife Act) and Section 3 (Prevention of Corruption Act, 2002), holding that aiding wildlife trafficking while on duty constituted dual offenses.

Sentence:

12 years imprisonment

Fine of NPR 700,000

Dismissal from government service

Significance:
Highlighted the role of corruption in wildlife trafficking and reinforced accountability of state actors.

IV. Summary of Legal Principles

Legal Issue	Principle Established	Key Case
Attempted Export	Attempt equals commission	Sunil Lama Case (2012)
Transit Jurisdiction	Nepal can prosecute transiting offenders	Zhang Wei Case (2014)
Organized Crime	Wildlife trafficking = organized crime	Tenzing Sherpa Case (2016)
Constructive Knowledge	Negligence can create liability	Mohammad Alam Case (2018)
Official Complicity	Dual liability for corruption + trafficking	Ramesh Shrestha Case (2020)

V. Conclusion

Wildlife trafficking through Tribhuvan International Airport is treated as a serious criminal offense in Nepal. Courts have applied strict interpretations of the National Parks and Wildlife Conservation Act, Customs Act, and corruption laws to ensure strong deterrence.
Recent case law shows an expanding scope of liability—covering not only direct traffickers but also intermediaries, foreign nationals, freight handlers, and even corrupt officials.