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2021 (6) TMI 265 - HC - CustomsImport of raw cashew nuts - objections on the phytosanitary certificate - Permission for re-export of goods - name of the plant product was spelt correctly as cashew dry nuts the botanical name was wrongly written as “zingiber officinale” instead of “anacardium occidentale” - Article 3(1) of the Plant Quarantine (Regulations of Import into India) Order, 2003 - HELD THAT:- The petitioner is in the business of import of raw cashew nuts and re-export the same. In one of the consignments of bill of entry dated 13.06.2020, the phytosanitary certificate produced by the petitioner was not accepted by the first respondent on certain doubts on the certificate. The petitioner has filed an appeal as against the order of deportation and this Court, taking into consideration of the available provisions under Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003, disposed of the writ petition filed by the petitioner to consider his case in the light of Article 14 of the Plant Quarantine (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 of the Plant Quarantine (Regulations of Import into India) Order, 2003, within a period of four weeks from the date of receipt of a copy of this order - petition allowed by way of remand.
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