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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 ..... emaining consignments also. This Court can never mandate the authority to be unmindful of the consequences. On the other hand, this Court is only calling upon the authorities to do the very same exercise that was undertaken in respect of the consignment that is subject matter of this appeal. The remaining three consignments can also be similarly fumigated and a similar inspection also undertaken. If thereafter, the authorities are satisfied that the clearance of the said consignments will not be of any threat to Indian ecology and environment, the importer can be allowed to take the goods after paying the applicable duties. 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 - 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 all. Petition disposed off. - W.P(MD)Nos.4472, 5208, 19610 and 19778 of 2020 And W.M.P.(MD)Nos.3795, 3796, 3798, 4555, 4556, 4557, 16329 and 16471 of 2020 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice was issued on 28.03.2019. On 05.04.2019, a second notice was also issued and it is styled as the final notice under Section 48 of the Act. The final paragraph reads that if no reply is received from the importer, it should be presumed that that they are not interested in the cargo and that it would be disposed of as per the provisions of the Act without any further reference or intimation. Unfortunately, the importer could not obtain any relaxation. Therefore, the customs authority was left with no other option but to auction the goods on 19.06.2019. Since there were no effective bidders, the auction was adjourned. Finally, it was held on 15.10.2019. On the said date, M/s.Vijayalakshmi Traders took part and turned out to be the successful bidder. Therefore, the goods that were the subject matter of Bill of Entry 9400085 dated 24.12.2018 were sold to the said M/s.Vijayalakshmi Traders for a sum of ₹ 9,10,555/-. On remittance of the bid amount, the goods delivered on 27.02.2020. It is this auction proceedings that is challenged in WP(MD)No.4472 of 2020. 5.The learned counsel for the petitioner would submit that the petitioner had written to the custom authoritie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that subject to such conditions, if any, as may be specified in the notification- (a)any power exercisable by the Board under this Act shall be exercisable also by Principal Chief Commissioner of Customs or Chief Commissioner of Customs or a Principal Commissioner of Customs or Commissioner of Customs empowered in this behalf by the Central Government; (b)any power exercisable by a Principal Commissioner of Customs or Commissioner of Customs under this Act may be exercisable also by a Joint Commissioner of Customs or an Assistant Commissioner of Customs or Deputy Commissioner of Customs empowered in this behalf by the Central Government; (c)any power exercisable by a Joint Commissioner of Customs under this Act may be exercisable also by an Assistant Commissioner of Customs or Deputy Commissioner of Customs empowered in this behalf by the Central Government; (d)any power exercisable by an Assistant Commissioner of Customs or Deputy Commissioner of Customs under this Act may be exercisable also by a Gazetted Officer of Customs empowered in this behalf by the Board. 9.But such a question has not been raised in the writ petition and it would not be appropria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpetent authority do not warrant any interference. She took me through the provisions of Plant Quarantine Regulation of Import into India Order, 2003. She pointed out that the power of relaxation of any of the conditions of the order can be exercised only in public interest. She would point out that as a matter of practice, one time exception is usually accorded. If there is repeated violation, no indulgence can be shown. Of course, even second or subsequent case of violation of requirement of Phytosanitary Certificate by any party can be considered by the Joint Secretary (Plant Protection), Ministry of Agriculture Farmers Welfare. However, no violator can, as a matter of right, insist that relaxation must be given. She would point out that in the case on hand, the petitioner was already found guilty of such a violation some two years ago and that therefore, the case on hand must be treated only as subsequent violation and therefore, the order passed by the authority ought not to be interfered with. She placed reliance on the decision of the Delhi High Court in India Timbers Seasoning Plant (Prop Jaikashi Trading Company Pvt. Ltd.,) Vs. Union of India and Others in W.P.(C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the authority, the very import poses a serious threat to Indian ecology and environment, then no relaxation could have been granted in favour of Vijayalakshmi Traders in respect of the consignment that is subject matter of W.P.(MD)No.4472 of 2020. 16.The learned Assistant Solicitor General would contend that the consignment, which was purchased by Vijayalakshmi in the auction sale was fumigated and the plant quarantine authorities conducted an inspection with regard to any presence of any pest or any other invasive substance and after being satisfied that their clearance will not have any adverse impact on Indian ecological and environment, the goods were allowed to be cleared. 17.I am of the view that the very same exercise can be undertaken in respect of the remaining consignments also. This Court can never mandate the authority to be unmindful of the consequences. On the other hand, this Court is only calling upon the authorities to do the very same exercise that was undertaken in respect of the consignment that is subject matter of W.P.(MD)No. 4472 of 2020. The remaining three consignments can also be similarly fumigated and a similar inspection also undertaken. If ..... X X X X Extracts X X X X X X X X Extracts X X X X
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