The application states that Ghosh's father, the late Debnarayan Ghosh, was a wildlife enthusiast and had a private zoo at Goregaon (East) called Royal Kennels Charitable Trust. He had purchased two lions from Sanjay Gandhi National Park and an elephant from Bihar in addition to other birds and animals. The Ghoshs have documentary evidence to support the possession of the birds and animals, claims Ghosh. He has also maintained that the animals and birds were provided the necessary boarding and medical help.

The petitioners further contended that D N Ghosh had approached the concerned authorities for a licence to possess animals in custody, which he obtained under the Wildlife ProtectionRules, 1975. Ghosh further submitted that an ownership certificate was issued by the Additional Chief Conservator of Forests, Nature Conservation, Nagpur on August 10, 1986.

On October 20, forest officials had raided the zoo and found four leopard cubs and three kites in the premises. After preparing a panchnama, they asked the petitioners where they obtained the creatures from. At that time, as both Ghosh and Shah were not present, an employee Dilawar Sikander Khan produced whatever documents were available. But he was unable to produce the documents the officials had asked for.

The officials thereafter returned on two occasions, but on both the occasions the duo were unable to produce the requisite documents. On October 26, the animals and birds were seized and a case was registered.

Shah's statement was recorded that day itself, where he said the animals had been brought by the late DN Ghosh. In their application for anticipatory bail, Ghosh and Shah submitted that the concerned authorities wereperiodically kept informed about the stock of animals. The authorities were also in the know about the four leopards which were seized, while the kites were a recent addition to the zoo. In their applications, the duo submitted that they are permanent residents of Mumbai and will not abscond.