2008 (11) TMI 24 - SC - Customs

Imported goods (garlic) was found infected with fungus goods lying in the bonded warehouse, were permitted to clear upon payment of necessary duties - before the garlic was loaded for import, it was treated with methyl bromide fumigation - such treated garlic is dangerous for human consumption & for Indian Agriculture - articles shall be destroyed by fire in the presence of an authorized officer - cost of the transportation from Warehouse to destruction place shall be borne by importer

Summary

Issues:
Challenge to order passed by Bombay High Court regarding import of garlic infected with fungus from China, effectiveness of methyl bromide fumigation treatment against fungi, risk of fungus affecting future cultivation in India, dispute over the treatment of infected garlic, and the disposal of the disputed garlic.

Analysis:
The appeal before the Supreme Court challenged the order of the Bombay High Court related to the import of 56 metric tons of garlic from China infected with Embellisia alli (fungus) and traces of Urocystis Capulae. The appellants had withheld the permit for import until further orders. The High Court directed fumigation treatment using Methyl Bromide on the garlic at the petitioners' cost and subsequently permitting clearance of the consignment. The Supreme Court noted the risk posed by the fungus to future cultivation in India due to the disposal of infected garlic scales as garbage or manure, potentially causing permanent damage to crops.

The Supreme Court examined the efficacy of methyl bromide fumigation treatment against fungi. It was observed that while this treatment is effective against insects and pests, it does not effectively kill fungi. Testing by IARI, New Delhi confirmed the ineffectiveness of methyl bromide against fungi. The treatment with fungicides, not methyl bromide, is essential to eliminate fungi from perishable goods like garlic. Treated garlic with methyl bromide poses risks to human consumption and agriculture in India due to its harmful effects and quality deterioration.

The respondent disputed the appellant's stance on the treatment of infected garlic. The Court, considering the circumstances, directed the destruction of the garlic in an open space by fire, with the transportation cost to be borne by the respondents. The articles were to be taken from the Customs Warehouse to the destruction site, where they would be destroyed in the presence of an authorized officer. The disposal of the infected garlic was thus settled by the Court's directive, bringing the appeal to a close.

In conclusion, the Supreme Court disposed of the appeal by directing the destruction of the infected garlic, resolving the dispute over its treatment and disposal. The judgment highlighted the risks associated with ineffective fumigation treatments against fungi, emphasizing the importance of appropriate measures to safeguard human health and agricultural interests in India.