9911796707
TMI Blog2020 (11) TMI 984X X X X Extracts X X X X X X X X Extracts X X X X ..... of entry No.7899664 dated 13.06.2020. 2.Heard Mr.Hari Radhakrishnan, learned counsel for the petitioner and Mr.D.Saravanan, learned Central Government Standing counsel appearing for the respondents. 3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 4.It is the case of the petitioner that they imported 133.158 metric tons of raw cashew nuts vide bill of entry No.7899664 dated 13.06.2020, filed with Tuticorin Customs. It is their case that phytosanitary certificate submitted by them is in accordance with the Plant quarantine (Regulations of Import into India) Order, 2003, was rejected by the second respondent by his order dated 08.07.2020 and the second respondent directed the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l submissions made by the respective parties, I am of the view, even assuming that the fault cannot be attributed to the appellant regarding the fake PSC in question and further in view of the mandatory requirement regarding the submission of the genuine PSC issued by the country of origin the consignment in question cannot be allowed to remain in India as firstly, it would lay a wrong precedent and secondary the non-fulfillment of the mandatory requirements could have serious ramifications for our flora and fauna as well as environment in general." 6.After relying upon the aforementioned paragraphs of the impugned order, the learned counsel for the petitioner would submit that the fumigation certificate as well as the phytosanitary certi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xation by competent authority, the consignment shall be relaxed after charging the fee for import permit and fee for plant quarantine inspection at five times of normal rates." 7.After referring to the aforementioned Article, learned counsel for the petitioner would submit that in accordance with the said Article, the petitioner has applied for one time relaxation for the production of phytosanitary certificate before the second respondent on 08.09.2020. He would also submit that one time relaxation will have to be granted by the second respondent in accordance with Article 14(1) of the Plant quarantine (Regulations of Import into India) Order, 2003. The learned counsel for the petitioner on instructions would further submit that the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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