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2022 (6) TMI 324 - HC - CustomsDestruction of consignment of goods imported by the petitioner - Import of 2nd Grade Wet Dates - existence of pests in the product imported or not - HELD THAT:- The delay in approaching this Court against Ext.P7 itself, disables the petitioner from pursuing this writ petition. Ext.P7 was issued as early as on 29.12.2021 while this writ petition was preferred only on 04.03.2022. The remedy of an appeal provided under Plant Quarantine (Regulation of Import into India) Order, 2003 is seven days. The reason for prescribing the limited period of seven days is with a purpose, since, orders of destruction or other adverse orders ought to be appealed against, if aggrieved by the appropriate person, within limited time lines. Since the petitioner failed to prefer the statutory appeal within the time provided, recourse to Article 226 of the Constitution to overcome the said statutory period of limitation is not legally tenable. Leaving open the question of jurisdiction of the 2nd respondent to issue an order of destruction, in cases where pests or diseases are not detected, this writ petition is dismissed.
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