2021 (10) TMI 1264 - HC - Customs

Seeking Relaxation for clearance of subject consignment on payment of necessary four times penalty charges for dispensing with the Phytosanitary Certificate - import of teak wood from the originating country called, Panama - whether the petitioner is entitled to get relaxation under Clause 14 of the said Order, 2003 from producing the phytosanitary certificate? - HELD THAT - Assuming that the reason stated by the third respondent is correct, where the petitioner already availed the relaxation for production of phytosanitary certificate, even then, for second or subsequent relaxation, the power may not be vested with the third respondent, but vested with the Joint Secretary to Government of concerned Department, before whom, if the very request is made by any importer for giving relaxation for production of phytosanitary certificate second time or subsequent time, that can also be considered in the public interest and accordingly, that can also be considered by the Joint Secretary to the Government of the Department concerned. Under Clause 14, it has been made clear that the powers for relaxation has been delegated to the Officer in-charge of the Plant Quarantine Station for relaxing the conditions of the said Order, 2003 as a one-time exception in favour of a single party and not for repeated violation by that party. Therefore, it has been made clear that only one time relaxation is permissible in respect of one party at the hands of the Officer in-charge of the Plant Quarantine Station - Herein the case in hand, the third respondent is Officer concerned of the Plant Quarantine Station. Therefore, his power is to grant one time relaxation, not beyond that. Forwarding of the issue - HELD THAT - In the case in hand, the forwarding of the issue has not been undertaken by the third respondent, therefore, in this aspect also, this Court feels that, the impugned order can be interfered with. The matter can be remitted back to the third respondent for consideration as to whether the petitioner has made any earlier request and availed any relaxation or not and if there is no such relaxation benefit or waiver of the production of phytosanitary certificate, the officer concerned, ie., the third respondent can very well consider for grant of such relaxation, within the meaning of Clause 14 of the said Order, 2003 - Petition allowed by way of remand.

Issues:
1. Request for Writ of Certiorarified Mandamus to quash an order and grant relaxation for consignment clearance.
2. Importer's inability to obtain phytosanitary certificate due to COVID-19.
3. Rejection of relaxation request by the third respondent.
4. Interpretation of Clause 14 of the Plant Quarantine (Regulation of import into India) Order, 2003.
5. Authority to grant relaxation for phytosanitary certificate production.
6. Consideration of relaxation requests by the Officer in-charge vs. Joint Secretary.

Issue 1: Request for Writ of Certiorarified Mandamus
The petitioner sought a Writ of Certiorarified Mandamus to quash an order and direct the third respondent to grant relaxation for the clearance of a consignment covered under a specific Bill of Entry. The petitioner imported teak wood but faced challenges in obtaining a phytosanitary certificate due to the COVID-19 situation.

Issue 2: Inability to Obtain Phytosanitary Certificate
The petitioner, an importer, imported goods from Panama but could not secure the necessary phytosanitary certificate due to the COVID-19 second wave. Despite the consignment arriving at Tuticorin Port, it was not released, and an order for deportation or destruction was issued by the third respondent.

Issue 3: Rejection of Relaxation Request
The third respondent rejected the petitioner's request for relaxation under Clause 14 of the Plant Quarantine Order, 2003, citing that the petitioner had already availed the maximum number of relaxations allowed. The petitioner contended that it was the first time such a request was made, and the rejection was unjustified.

Issue 4: Interpretation of Clause 14
Clause 14 of the Plant Quarantine Order, 2003 allows for relaxation in public interest, with the Officer in-charge empowered to grant a one-time exception for a single party. However, subsequent relaxations may require consideration by the Joint Secretary of the concerned department.

Issue 5: Authority to Grant Relaxation
The Officer in-charge of the Plant Quarantine Station, in this case, the third respondent, is authorized to grant a one-time relaxation for phytosanitary certificate production. However, subsequent relaxation requests may need to be forwarded to the Joint Secretary for consideration.

Issue 6: Consideration of Relaxation Requests
The Court determined that if the petitioner had not previously sought relaxation, the third respondent should reconsider the request. If records show prior relaxation, the matter should be referred to the Joint Secretary for a decision. The Court set aside the impugned order and remitted the matter back to the third respondent for re-consideration within four weeks.

This detailed analysis of the judgment highlights the legal intricacies involved in the case and the Court's interpretation of relevant provisions.

← Previous Next →