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TMI Blog2021 (5) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Order, 2003, the consignments should have been fumigated prior to export with Methyl bromide at certain conditions and the treatment should have been endorsed on the Phytosanitary Certificate issued at the country of export. 2.In the case on hand, the petitioner had produced such Phytosanitary Certificates which turned out to be invalid. The stand of the petitioner is that the exporter has cheated him. The stand of the department is that the certificates are fake. It is true that this requirement could be relaxed. If the petitioner had committed violation for the first time, then, the plant protection officer himself can grant the relaxation. But for the second or subsequent cases of violation of requirements of import permit, the certificate should be forwarded to Joint Secretary (Plant Protection), Ministry of Agriculture & Farmers Welfare. There is no dispute that the petitioner had already obtained one such relaxation sometime in the year 2017 or 2018. Therefore, in the very nature of things, the file had to be dealt with only by the Joint Secretary (Plant Protection), Ministry of Agriculture & Farmers Welfare. 3.Even though the consignments had landed in November-December ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As rightly pointed out by the learned standing counsel for the customs department, the customs authorities cannot be expected to wait indefinitely. They are under a statutory mandate cast on them under Section 48 of the Act. It is not as if, the cargo was disposed of behind the back of the importer. The importer was given notice on 28.03.2019 and again on 05.04.2019. Even the auction proceedings took place only in October 2019. As already pointed out, the goods had landed in India sometimes in November- December 2018. The goods were disposed of by the customs authorities only in October 2019. When the petitioner for full ten months could still not obtain relaxation in his favour, it would be unfair to expect the customs authorities to wait till the petitioner obtains an order in his favour. When the authorities had given reasonable time to the importer and within the reasonable time, the importer could not obtain relaxation, the authorities were left with no other option but to auction. 8.Therefore, I sustain the auction proceedings. Since the goods have been cleared, the challenge to the order dated 25.02.2020 which was passed by the Plant Protection Officer has become infructuou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner's second consignment that is the subject matter of Bill of Entry 9400063, dated 26.12.2018 also met the very same fate. The customs authority after issuing notice to the importer brought the goods for auction sale. The auction was held on 19.06.2019 and one Karithka Wood Industries had turned out to be a successful bidder. Their bid amount was Rs. 10,50,000/-. But then, their request for relaxation of the production of Phytosanitary Certificate was rejected by the competent authority. Therefore, the goods could not be cleared and they are still lying in the customs station. 11.The sale permission granted by the customs authority in favour of the fourth respondent to conduct e-auction for disposal of the goods in question is under challenge in W.P.(MD)No.5208 of 2020. In view of the rejection of the request for relaxation, this issue no longer survives. However, learned counsel for the petitioner would request this Court to mould the relief and permit the petitioner to clear the goods. 12.In respect of the other two consignments that are subject matter of W.P.(MD)Nos.19610 and 19778 of 2020, no auction sale had taken place. On the other hand, Plant Quarantine Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 general." 14.According the learned Assistant Solicitor General, these observations would squarely apply to the case on hand also. She strongly pressed for dismissal of the writ petitions. 15.I carefully considered rival contentions and went through the materials on record. I must concur with two of the contentions raised by the learned Assistant Solicitor General. It is true that the importer cannot demand relaxation of the requirement of production Phytosanitary Certificate as a matter of right. It is equally true that in matters such as this, the Court should be extremely cautious as there are environmental and ecological implications. It is equally true that the petitioner was found to have co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Covid-19 pandemic. Helping an individual importer to come out of the difficulties on certain terms and conditions, certainly advances public interest. The Father of Nation would say that one must have the small man in mind. Likewise, we must always keep the ordinary importer in mind. His interest is intrinsically linked to the nation's interest. It is like quantum entanglement. The petitioner had suffered a huge loss in respect of the first consignment. The petitioner through his counsel gives an undertaking before this Court that they would never ever again apply for relaxation. In other words, they would adhere to requirements of Plant Quarantine Regulation of Import in India Order, 2003 in letter and spirit. Obtaining such an undertaking takes care of the public interest. The petitioner knows that if tomorrow he imports another consignment without Phytosanitary Certificate, then his fate is doomed because such a consignment can never ever be cleared. That is all the more so, because of the order passed in these writ petitions. 19.That apart, as rightly pointed out by the learned counsel for the petitioner, it is not as if a second or third violation cannot be condoned at ..... X X X X Extracts X X X X X X X X Extracts X X X X
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