2008 (11) TMI 24

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....n this appeal is to the order passed by a Division Bench of the Bombay High Court in Writ Petition No.642/2006. The respondents had imported 56 metric tons of garlic from China which was found to be infected with Embellisia alli (fungus) and traces of Urocystis Capulae. The appellants withheld the permit for import of consignment until further orders. Respondent nos.1 and 2 filed a writ petition i....

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....r orders. The order dated 6th October, 2005 passed by the Third respondent and the order dated 28th December, 2005 are hereby set aside." 3. Review petition was filed which was dismissed. According to learned counsel for the appellants there is strong risk of this fungus (at present totality absent in India) affecting the future cultivation in India for the reason that the scales of such infecte....

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....ally not recommended for perishable goods/commodities like garlic as it has phyto-toxic effects and may deteriorate the quality by absorption of bromide gas in the commodity. Methyl bromide fumigation treatment is given for propagative material and not for consumption. Thus, such treated garlic is dangerous for human consumption and also for Indian Agriculture. 5. Learned counsel for the responde....