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TMI Blog2016 (3) TMI 703X X X X Extracts X X X X X X X X Extracts X X X X ..... les 3 (20) and 9 (1) make it abundantly clear that fumigation prior to export is mandatory. No importer can state that because the timber has been fumigated in India, it should not be sent back to the country of origin. Though, undoubtedly the power of relaxation is contained in the Quarantine Order, yet it has to be exercised for some cogent reasons and that too, in larger public interest. If the fault cannot be attributed to the petitioner for non-fumigation by the exporter, the consignment in question cannot be allowed to remain in India as firstly, it would lay down a wrong precedent and secondly, non-fulfillment of mandatory condition of fumigation at exporter's end could have serious ramification for our flora and fauna as well as env ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disinfestations, as may be considered necessary by him, accord quarantine clearance for the entry of a consignment or grant provisional clearance for growing under post-entry quarantine, as the case may be in form PQ 16 and or order deportation or destruction of the consignment in form PQ 17 in the event of non-compliance with the restrictions and conditions specified in this Order. 17. Where fumigation or disinfestations or disinfection is considered necessary in respect of a consignment of plants, seeds and fruits the importer shall on his own and at his cost arrange for the fumigation, disinfection or disinfestations of the consignment, through an agency approved by the Plant Protection Adviser under the supervision of an officer d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elaxation conditions of Import Permit and Phytosanitary Certificate in certain cases- (1) The Central Government may, in public interest, relax any of the conditions of this Order relating to the import of any consignment. The Joint Secretary in-charge of Plant Protection in the Department of Agriculture Cooperation shall be the competent authority for according the relaxation. Further, the powers of relaxation has been delegated (vide DAC lt. No.8- 5/2004-PPL (pt) dated 2nd February 2005) to officers in charge of the Plant Quarantine Stations for relaxing the conditions of Import Permit and Phytosanitary certificate required as per Plant Quarantine (Regulation of Import into India) Order, 2003 as a one-time exception in favour of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l in this regard handed over by the learned counsel for the respondents to this Court is reproduced hereinbelow:- Original Message From angele yao˂[email protected]˃ Date: Oct 23, 2015 2:01:10 PM Subject: Re: Regarding PSC To:Anita˂[email protected]˃.SILUE GNENEYERI˂[email protected]˃ Cc: [email protected] ˂[email protected]˃.us ppII˂[email protected]˃ Hello Madam/Sir I regret to inform you that the phytosanitary certificate concerned is a fraudulent certificate. Mr. Coulibaly LASSINA is retired. It therefore can not sign certificates. With Kind regards YAO Amenan Angele Ingenieur Agronome ************** ..... X X X X Extracts X X X X X X X X Extracts X X X X
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