2021 (7) TMI 170 - HC - Customs

Import of apple from China - permissible Import or not - online auction notification dated 13.10.2017 - HELD THAT - Interim order was passed by this Court at the time of admission and the respective learned counsel appearing on behalf of the respondents brought to the notice of this Court that the apples imported were became rotten and were destroyed and therefore, no further consideration is required in this writ petition. The writ petition stands disposed of.

Summary

Issues:
Import of apples from China in violation of phytosanitary regulations - Relief sought to destroy the imported apples.

Analysis:
The petitioner sought relief in a writ petition to restrain the import of Fresh Apple and Fuji Apple from China, as mentioned in an online auction notification. The petitioner relied on an order by the Government of India, Ministry of Agriculture and Farmers Welfare Department of Agriculture, highlighting the failure of phytosanitary control systems in China and the associated bio-security risks to Indian agriculture. The order suspended the import of apples from China due to repeated interceptions of quarantine pests at the port of entry. The petitioner argued that the import of apples from China was impermissible based on these orders, leading to the filing of the writ petition.

During the proceedings, an interim order was passed, and it was brought to the court's attention that the imported apples had become rotten and were already destroyed. Consequently, the respondents contended that no further consideration was necessary in the writ petition. The court, considering the circumstances and the fact that the imported apples were no longer an issue, disposed of the writ petition without any costs. The judgment concluded that no further action or consideration was needed regarding the grounds raised in the petition, leading to the closure of connected miscellaneous petitions.