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2020 (4) TMI 318 - HC - CustomsScope of the term "Animal Feed" - Permission to import Grain De Cotton (Cotton Grain) for cattle feed consumption without insisting on the amendment under Notification dated 27.12.2017 - restricted import or not - Advance License Scheme - principles of natural justice - HELD THAT:- In the present case, no study has been conducted nor is there any reasonable ground for placing restrictions on the import of animal feed. The entire decision to amend the definition of animal feed in the Plant Quarantine Order is based merely on apprehensions voiced by Plant Quarantine Officers and is not based on any substantial material, study or past experience. As noticed earlier, the provisions of the Plant Quarantine Order provide for sufficient safeguards for the import of animal feed under Schedule VII thereof. In the opinion of this court, therefore, merely by dint of the fact that the Plant Quarantine Officers have some apprehensions or with a view to overcome such situation, the amendment in Entry No.19 of Schedule VII, which causes immense hardships to the importers and has brought such imports to a virtual standstill as the exporting countries do not export cotton grains in kibbled-crushed seeds/ pellets/ dried cake form, is not warranted, inasmuch as it places unreasonable restrictions on the import of cotton grains as animal feed despite the fact that import of such goods is unrestricted under the Foreign Trade Policy and the Customs Act. In the present case, it is evident that the reason behind the introduction of a larger definition of “animal feed” in Entry No.19 of Schedule-VII is merely with a view to overcome a situation, as reflected in the Draft Notification, and is not backed by any research or study which establishes that the import of cotton grains as animal feed has caused any kind of threat to the plants/plant species, as reflected in the affidavit in reply filed on behalf of the respondents. Thus, the decision to restrict the import of animal feed to kibbled/crushed seeds/ pellets/ dried cake form, which restricts the import of cotton grain as animal feed, is arbitrary or irrational and is not backed by any sound reason and renders such decision unsustainable. The impugned Notification dated 27.12.2017 to the extent the same defines "Animal Feed" as “kibbled-crushed seeds/pellet/dried cake form” is quashed and set aside - Petition allowed - decided in favor of petitioner.
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