9911796707
TMI Blog2021 (10) TMI 1264X X X X Extracts X X X X X X X X Extracts X X X X ..... lso be considered by the Joint Secretary to the Government of the Department concerned. Under Clause 14, it has been made clear that the powers for relaxation has been delegated to the Officer in-charge of the Plant Quarantine Station for relaxing the conditions of the said Order, 2003 as a one-time exception in favour of a single party and not for repeated violation by that party. Therefore, it has been made clear that only one time relaxation is permissible in respect of one party at the hands of the Officer in-charge of the Plant Quarantine Station - Herein the case in hand, the third respondent is Officer concerned of the Plant Quarantine Station. Therefore, his power is to grant one time relaxation, not beyond that. Forwarding of the issue - HELD THAT:- In the case in hand, the forwarding of the issue has not been undertaken by the third respondent, therefore, in this aspect also, this Court feels that, the impugned order can be interfered with. The matter can be remitted back to the third respondent for consideration as to whether the petitioner has made any earlier request and availed any relaxation or not and if there is no such relaxation benefit or waiver of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nly with valid import permit or phytosanitary certificate. Herein the case in hand, since the goods were loaded into the ship, by way of Bill of Lading dated 22.03.2021, due to COVID-19 second wave, the petitioner importer could not obtain the phytosanitary certificate. 5.Knowing well this, the petitioner had made a request to the third respondent to give relaxation under Clause 14 of the said Order, 2003. However, the said request has been turned down by the third respondent, through the impugned order stating that, since the petitioner has availed maximum number of relaxation of phytosanitary certificate and such kind of relaxation can be permitted to one importer one time under Clause 14 of the said Order, 2003, such kind of relaxation now once again sought for by the petitioner cannot be granted. Therefore, on that ground alone, since the impugned order of rejection has been made, the learned counsel, by citing the same would contend that, the petitioner has never requested for any relaxation prior to this request, from the third respondent and since it is the first time request made by the petitioner, the third respondent, who is empowered to give such relaxation, under Cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ground, that reason has been specifically stated in the impugned order, she contended. Therefore, the learned Assistant Solicited General of India would submit that the impugned order is well justified and sustainable one in the teeth of Clause 14 of the said Order, 2003. Therefore, the impugned order does not warrant any interference, she contended. 9.I have considered the said rival submissions made by the learned counsel appearing for the petitioner as well as the respondents and have perused the materials placed before this Court. 10.The only controversy which arose for consideration in this writ petition is as to whether the petitioner is entitled to get relaxation under Clause 14 of the said Order, 2003 from producing the phytosanitary certificate. 11.Whether the reason cited by the petitioner for getting relaxation of production of phytosanitary certificate, due to COVID-19 is the matter to be dealt with only by the Officer concerned, that is the third respondent, who is empowered under Clause 14 of the said Order, 2003. Therefore, in that regard, this Court do not want to make any view. But, at the same time, the only reason cited by the third respondent rejecting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elaxation by competent authority, the consignment shall be released after charging the fee for import permit and fee for plant quarantine inspection at five (3) The provisions of this Order shall apply without prejudice to the Customs Act, 1962 (52 of 1962) or any other Acts or Order related to imports. 16.Under Clause 14, it has been made clear that the powers for relaxation has been delegated to the Officer in-charge of the Plant Quarantine Station for relaxing the conditions of the said Order, 2003 as a one-time exception in favour of a single party and not for repeated violation by that party. Therefore, it has been made clear that only one time relaxation is permissible in respect of one party at the hands of the Officer in-charge of the Plant Quarantine Station. 17.Herein the case in hand, the third respondent is Officer concerned of the Plant Quarantine Station. Therefore, his power is to grant one time relaxation, not beyond that. 18.However, for all second and subsequent cases of violation, the issue shall be forwarded to the Joint Secretary (Plant Protection) Department of Agriculture and Co-operation, who shall consider the same and decide it for second o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
