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2008 (11) TMI 24

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..... , it was treated with methyl bromide fumigation - such treated garlic is dangerous for human consumption & for Indian Agriculture - articles shall be destroyed by fire in the presence of an authorized officer - cost of the transportation from Warehouse to destruction place shall be borne by importer - 6854 of 2008 - - - Dated:- 26-11-2008 - Dr. ARIJIT PASAYAT and Dr. MUKUNDAKAM SHARMA JJ. .....

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..... warehouse at the Petitioner's costs. After fumigation is complete which generally takes 48 hours, the Respondent no.3 and 4 are directed to forthwith permit the Petitioners to clear the 56 metric tones of Chines garlic imported by the Petitioners and lying in the bonded warehouse upon payment of necessary duties on the actual weight of the garlic (since the weight of the garlic has reduced since i .....

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..... , before the garlic was loaded in China for import into India by the respondents, it was treated with methyl bromide fumigation. But this is a treatment for killing insects and pests and not for killing fungi. Fungi can be killed by fungicides and if earlier treated with fungicides it becomes harmful for human consumption. The methyl bromide fumigation treatment is not found to be effective agains .....

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..... f the case, we direct that the articles shall be taken from the Customs Warehouse to a place where destruction is to be made. The date, time and place shall be indicated by the respondent nos. 1 and 2 to the appellants. The articles shall be destroyed by fire in the presence of an authorized officer of appellant no.1. The cost of the transportation from the Customs Warehouse to the place of destru .....

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