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TMI Blog2010 (10) TMI 1047X X X X Extracts X X X X X X X X Extracts X X X X ..... "sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-fareast-language:EN-US;} S. MURALIDHAR, J. For the Appellant : Mr. Sandeep Sethi, Senior Advocate with Mr. Rohit P. Ranjan, Advocate For the Respondent : Mr. Jatan Singh, Advocate for UOI., Mr. B.L. Wali with Mr. Suraj Kumar, Advocate for Intervenor. ORDER 1. The challenge in this writ petition is to an order dated 9th September 2010 passed by the Quarantine Officer (NR) [?QO?] in the Animal Quarantine and Certification Services (NR) [?AQCS?] in the Ministry of Agriculture, Department of Animal Husbandry, Dairying and Fisheries, New Delhi. 2. The Petitioner, a minor is represented b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r: To The Assistant Commissioner Import (Cargo), Cargo Complex, IGI Airport, New Delhi ? 110037 Sub: Deportation of 03 horses. Sir, The 03 numbers of horses imported by Mr. Arjun Sahlot, B-9, Saket, New Delhi from Germany on 8th September 2010 by Lufthansa Airlines are not having import license. Moreover, the health documents are not proper and not issued by competent authority. The health status of these horses appears to the doubtful as pre-import requirements are not properly certified and lacks authenticity. Keeping in view the National Health Security the consignment cannot be allowed to enter the country and may please be deported to the country of origin immediately without any further delay. Yours faithfully, Sd/- Quaran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he horses are registered in Australia, they should be held to have satisfied the description in the import licence. 7. The above contentions are vehemently opposed by Mr. Jatan Singh, learned counsel for the Respondents who points out that the geographical location and origin of the horses is very critical factor. The quarantine regulations are to be strictly adhered to. There could be no laxity shown as regards the compliance with the quarantine regulations governing the import of animals since the diseases in one geographical location could be transmitted through animals imported into another location where there are no such diseases. Therefore, the authorities insist that once the origin of an animal is specified in an import licence, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of an animal is very critical in determining the kinds of disease that are likely to be transmitted when such horses are brought to a different location. The diseases peculiar to a region may not immediately manifest when a horse is brought to a different geographical location. 12. This Court is unable to find any illegality vitiating the impugned order dated 9th September 2010 of the QO as regards the health status of the three horses. The mere fact that while remaining in quarantine, under the interim order of this Court, the horses have been found not to have attracted any diseases, and are in perfect health, cannot help the Petitioner overcome the need to satisfy the essential condition of the licence. 13. As regards the allegations m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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