Strict construction of import prohibitions barred refusal to clear processed pig bristles absent specific notification coverage.

Import prohibitions must be construed strictly, and clearance cannot be denied unless the notification specifically covers the goods in question. Processed pig bristles were supported by disinfection and inspection certificates, and the notifications in force before the refusal referred to live pig and pig meat products, while a later notification expressly excluded processed pig bristles. The court noted that the quarantine authority did not undertake an effective examination of the specific consignment before directing return or destruction. On that reading, the goods were not shown to be prohibited at the time of presentation for clearance, and release was warranted.

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Issues: Whether the imported pig bristles were covered by the import prohibition in force on the date of clearance, and whether the refusal to permit clearance was sustainable in law.

Analysis: The consignment was described as processed pig bristles, supported by certificates of disinfection and inspection. The notifications in force prior to the impugned refusal referred to live pig and pig meat products, while the later notification expressly excluded processed pig bristles from the prohibition. The statutory scheme under the Livestock Importation Act, 1898 and the import-control notifications required the prohibited item to be specifically identified. The record also showed that the quarantine authority did not undertake an effective examination of the specific consignment before directing return or destruction, although the bill of entry had been endorsed without objection by another inspector. On a strict reading of the notifications, pig bristles were not shown to have been banned when the petitioner's goods were presented for clearance.

Conclusion: The refusal to clear the consignment was unsustainable and the petitioner was entitled to release of the goods.

Ratio Decidendi: An import prohibition must be construed strictly, and where the notification does not specifically cover the goods in question, clearance cannot be denied on an expansive reading or on a mere general reference to disease outbreak without proper examination of the consignment.

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