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2016 (3) TMI 703 - DELHI HIGH COURT

2016 (3) TMI 703 - DELHI HIGH COURT - 2016 (336) E.L.T. 640 (Del.) - Phytosanitary Certificate of the Exporter - FIR filed against importer and exporter of the timber consignment for producing forge certificate - Amount spent on fumigation of timber in the exporting country - Respondent contended that no import of consignment of timber can be permitted into India unless accompanied by the original Phytosanitary Certificate issued by an authorized officer at the country of origin by relying upon .....

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that too, in larger public interest. If the fault cannot be attributed to the petitioner for non-fumigation by the exporter, the consignment in question cannot be allowed to remain in India as firstly, it would lay down a wrong precedent and secondly, non-fulfillment of mandatory condition of fumigation at exporter's end could have serious ramification for our flora and fauna as well as environment in general. - Decided against the appellant - W. P. (C) 1708/2016 & C. M. Nos. 7319-7320/2016 - Da .....

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exporter of the timber consignment as the Phytosanitary Certificate of the Exporter was forged. 2. Ms.Prema Priyadarshini, learned counsel for petitioner states that for a meager amount of ₹ 5000 to ₹ 6000 generally spent for the fumigation of the timber in the exporting country, the petitioner would not have procured a forged certificate. 3. She submits that for fault of an exporter, petitioner who is an importer cannot be blamed. In support of her contention, she relies upon Rules .....

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arance for growing under post-entry quarantine, as the case may be in form PQ 16 and or order deportation or destruction of the consignment in form PQ 17 in the event of non-compliance with the restrictions and conditions specified in this Order. 17. Where fumigation or disinfestations or disinfection is considered necessary in respect of a consignment of plants, seeds and fruits the importer shall on his own and at his cost arrange for the fumigation, disinfection or disinfestations of the cons .....

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th bark shall be fumigated prior to export with methyl bromide at 48 g/m 3 for 24 hrs at 21ºC or above or equivalent thereof or any other treatment duly approved by the Plant Protection Adviser and the treatment shall be endorsed on the Phytosanitary certificate issued thereof at the country of export; or (ii) the timber or sawn or sized wood (without bark) prior to export shall be either fumigated as above or kiln dried or heat treated at 56ºC for 30 min (core temperature of wood) and .....

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such inspection shall be necessary in case of containerized cargo. 14 Relaxation conditions of Import Permit and Phytosanitary Certificate in certain cases- (1) The Central Government may, in public interest, relax any of the conditions of this Order relating to the import of any consignment. The Joint Secretary in-charge of Plant Protection in the Department of Agriculture & Cooperation shall be the competent authority for according the relaxation. Further, the powers of relaxation has bee .....

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shall be forwarded to Joint Secretary (Plant Protection), Department of Agriculture & Cooperation (emphasis supplied) 4. On the other hand, learned counsel for the respondents contends that no import of consignment of timber can be permitted into India unless accompanied by the original Phytosanitary Certificate issued by an authorized officer at the country of origin. In support of her contention, learned counsel for the respondents relies upon Rule 3 (20) of the Quarantine Order. The same .....

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Certificate was referred to the Department of Agriculture and Cooperation. 6. Upon a query being raised by this Court, learned counsel for the respondents states that the Govt. of Ivory Coast has confirmed that a Phytosanitary Certificate issued to the petitioner is fraudulent. An email in this regard handed over by the learned counsel for the respondents to this Court is reproduced hereinbelow:- ………Original Message……… From angele yao˂affiensamu@yah .....

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