Plant Quarantine release order delay did not justify confiscation of imported timber logs or personal penalties.

Imported timber logs were cleared by customs without insisting on the prescribed Plant Quarantine release order, and out of charge was granted. The release certificates were produced shortly thereafter, and the delay was explained. On these facts, delayed production of the certificate did not justify confiscation of the goods or the imposition of personal penalties. Confiscation and personal penalties were therefore set aside as not sustainable.

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Issues: Whether confiscation of imported timber logs and imposition of personal penalties were justified when the prescribed release order under the Plant Quarantine regime was produced shortly after clearance.

Analysis: The imported timber logs had been cleared by customs without insisting on production of the release order, and out of charge had been granted. The required certificates were produced within a short period thereafter, and the delay was explained. In these circumstances, the delayed production of the certificate did not justify confiscation of the goods or imposition of personal penalties.

Conclusion: Confiscation and personal penalties were not sustainable and were set aside.

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