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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 ..... to file an FIR against the importer and exporter of the timber consignment as the Phytosanitary Certificate of the Exporter was forged. 2. Ms.Prema Priyadarshini, learned counsel for petitioner states that for a meager amount of Rs. 5000 to Rs. 6000 generally spent for the fumigation of the timber in the exporting country, the petitioner would not have procured a forged certificate. 3. She submits that for fault of an exporter, petitioner who is an importer cannot be blamed. In support of her contention, she relies upon Rules 3(16), 3(17), 9(1), 9(2) and 14(1) of the Plant Quarantine (Regulation of Import into India) Order, 2003 [hereinafter referred to as "Quarantine Order"]. The said Rules are reproduced hereinbelow: "16. The Plant pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent shall be endorsed on the Phytosanitary certificate issued thereof at the country of export; or (ii) the timber or sawn or sized wood (without bark) prior to export shall be either fumigated as above or kiln dried or heat treated at 56ºC for 30 min (core temperature of wood) and appropriately marked as „KD' or „HT', as the case may be, and in such instances no Phytosanitary certificate shall be required, but a treatment certificate issued by the approved agency shall be required to be produced before the Plant Protection Adviser. (2) All the consignments of timber shall be inspected on board prior to unloading at the port of arrival by an officer duly authorized by Plant Protection Adviser and, if necessary, fumiga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents relies upon Rule 3 (20) of the Quarantine Order. The same is reproduced hereinbelow:- "3. Permits for Import of plants, plant products etc. (20) No consignment shall be permitted import unless accompanied by a original copy of the Phytosanitary Certificate issued by an authorized officer at the country of origin in the form PQ 21 or at the country of re-export in form PQ22." (emphasis supplied) 5. She also points out that as the petitioner was a repeat offender, the petitioner's application for relaxation of conditions of Import Permit and Phytosanitary Certificate was referred to the Department of Agriculture and Cooperation. 6. Upon a query being raised by this Court, learned counsel for the respondents states that the Govt. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Quarantine Order, yet it has to be exercised for some cogent reasons and that too, in larger public interest. In fact, as pointed out by the Supreme Court in Union of India and Others Vs. Exim Rajathi India Private Limited, (2009) 16 SCC 263, import of food and trees can be dangerous both for humans as well as for agriculture. This Court is also of the view that even 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 environment in gen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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