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TMI Blog2021 (6) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... arantine (Regulations of Import into India) Order, 2003. Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003, enables one time relaxation, in certain cases, in the absence of phytosanitary certificate. It is the case of the petitioner that while announcements were reported by the Government without fumigation certificate as that of this case, relaxation were provided under Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003. Therefore, the petitioner has also offered for fumigation of the goods through an accredited treatment provider - Though the consignment has reached, the same has not been cleared so far. Even if it is deported, it will not be useful to any one. Instead, the first respondent ought to have permitted the petitioner for fumigation through an accredited treatment provider in India by providing one time relaxation to the petitioner under Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003. The matter is remitted back to the first respondent to fumigate the goods through an accredited treatment provider, by providing one time relaxation to the petitioner under Article 14 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority and considering the nature of goods imported, the petitioner approached this Court by way of filing a writ petition in W.P.(MD)No.10574 of 2020 seeking a writ of mandamus, for early disposal of the appeal. This Court, vide order dated 07.09.2020, directed the appellate authority to pass orders on the appeal filed by the petitioner on 13.07.2020, within a period of two weeks from the date of receipt of a copy of the order. Even then, it appears that the appellate authority has not passed a final order. Therefore, the petitioner appears to have issued a contempt notice. Thereafter, the appellate authority, vide order dated 29.10.2020, dismissed the appeal filed by the petitioner stating that non-fulfilment of the mandatory requirements could have serious ramifications for our flora and fauna as well as environment in general. As against the order dated 29.10.2020, the petitioner filed a writ petition in W.P.(MD) No.16756 of 2020. This Court, vide order dated 26.11.2020, disposed of the writ petition, directing the second respondent to consider the petitioner's application dated 08.09.2020, filed under Article 14 of the Plant Quarantine (Regulations of Import into India) O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the name of the vessel and the date of voyage correlates and matches to the details available in the bill dated 18.05.2020. The learned counsel further submits that the date of fumigation correlates with the Certificate of Quality and Fumigation, Good packing materials and Weight issued by the Federal Ministry of Industry, Trade and Investment, Nigeria. Therefore, it is apparent that the Phytosanitary Certificate dated 24.06.2020 is genuine and pertains to the subject consignment. Despite the production of correct phytosanitary certificate, the petitioner is seeking one time relaxation to give a quietus to the issue. 6. The learned counsel for the petitioner further submits that the Government of India has relaxed the requirement of production of phytosanitary certificate and fumigation for various reasons in the past. Further, the Government of India, relaxed the condition of fumigation and additional declaration on phytosanitary certificate for import of Onions as per the Plant Quarantine Order, 2003, for imports up to 31st January 2021. The relaxation was made subject to certain conditions. Consignments of imported onions which arrived in Indian Ports without fumigation and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent 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-PPI(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 single party and not for repeated violations by that party. All second or subsequent cases of violation of requirement of Import Permit and Phytosanitary certificate by any party shall be forwarded to Joint Secretary (Plant Protection), Department of Agriculture Cooperation. (2) In the event of grant of relaxation by competent authority, the consignment shall be released after charging the fee for import permit and fee for plant quarantine inspection at five times of normal rates. 13. Article 14 of the Plant Quarantine (Regulations of Import into In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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