TMI Blog2019 (1) TMI 1633X X X X Extracts X X X X X X X X Extracts X X X X ..... origin, it would not be in the interest of justice to direct the petitioner to pay the custom's duty. Revenue submits that in fact on the basis of materials which are available on the record, in his opinion now the time has come when the Government of India will have to think over either continuing with the treaty in question or to develop a scientific method to find out the country of origin to save the government's revenue - In the opinion of this court, it is for the Government of India to think over it. Application allowed. - Civil Writ Jurisdiction Case No.7589 of 2018 - - - Dated:- 24-1-2019 - Mr. Rajeev Ranjan Prasad, J. For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate Mr.Santosh Kumar Singh, Advoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ausible explanation as to why the customs authorities have seized the Betel Nuts in question but a careful perusal thereof would show that what have been narrated Patna High Court CWJC No.7589 of 2018 dt.24-01-2019 in the impugned order are a mere pious wish of the authorities without there being any law to support them in their views. 4. Learned senior counsel submits that when the customs authorities had seized the Betel Nuts on earlier occasion relying upon the report of M/s Arecanut Research Development Foundation, Mangalore, on a challenge made to that in the case of Union of India and others Vs. Salsar Transport Company and Another (MJC No. 2185/2013 arising out of CWJC No. 3784/2013; the learned coordinate Bench of this co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned there is no dispute with regard to their genuineness. The import release order issued by the Officer Incharge, Plant Quatantine Station, Jogbani, Bihar Patna High Court CWJC No.7589 of 2018 dt.24-01-2019 would show that after holding inspection on 19.12.2017 he had recommended for release of the vehicle bearing No. UP66E-9171 which is said to be loaded with Betel Nuts. 7. It is further pointed out that once again the Plant Protection Officer has conducted inspection on 08.02.2018 and gave his remarks 'recommended for release'. A reading of this order present at page-105 of the writ application would show that the same has been issued in accordance with the provisions of Clause 3(16) of the Plant Quatantine (Regulation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts are being traded from Nepal. He has read out some of the paragraphs of the impugned order in his attempt to save it. However, at Patna High Court CWJC No.7589 of 2018 dt.24-01-2019 the end, learned Additional Solicitor General could not satisfy this court from the materials available on record as to the basis of reaching to a conclusion that the 'Betel Nuts' in question is of Indonesian origin. It was all the more difficult for him when it was found that in the impugned order itself it has been referred that the ARDF test report reported that the Betel Nuts seemed to be of Indonesian origin. The word 'seemed to be' clearly provides the indecisiveness of the report. Again, on the face of the information furnished under Rig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een standardized for tracing the country of origin. 14. As stated above even the learned Additional Solicitor General had the difficulty in answering Patna High Court CWJC No.7589 of 2018 dt.24-01-2019 as to what will be the situation on the face of this reply. 15. This court is of the opinion that in absence of there being a standardized laboratory test for tracing the country of origin, established under some statute and such Labs have been accredited by the competent authority and the Labs could have the scientific method to come to a conclusion that a Betel Nut is of a particular country's origin, it would not be in the interest of justice to direct the petitioner to pay the custom's duty. 16. At this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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