Infected imported garlic may be destroyed instead of cleared when fumigation is ineffective and public health risks remain.

Imported garlic found infected with fungus was not permitted to be cleared for consumption because the material before the SC showed that methyl bromide fumigation was not an effective treatment for such infection and was mainly intended for insects and pests. Given the risk to human health and Indian agriculture, the earlier direction for fumigation and release was rejected. The goods were ordered to be transported from the Customs Warehouse for destruction and destroyed by fire in the presence of an authorised officer.

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Issues: Whether infected imported garlic, which posed risk to human consumption and Indian agriculture, should be permitted to be cleared after fumigation or instead be destroyed.

Analysis: The garlic had been found infected with fungus and the material placed before the Court indicated that methyl bromide fumigation was not an effective treatment for such fungi, was intended mainly for insects and pests, and could be harmful for perishable food commodities. In view of the risk to agriculture and public health, the earlier direction for fumigation and clearance was not accepted as the appropriate course. The Court therefore directed transportation of the goods from the Customs Warehouse to a place of destruction and ordered that they be destroyed by fire in the presence of an authorised officer.

Conclusion: The imported garlic was not permitted to be cleared for consumption and was ordered to be destroyed; the decision was against the assessee/importer and in favour of the Revenue.

Ratio Decidendi: Where imported agricultural produce is found infected and its release would create a risk to human health or agriculture, the authorities may direct destruction rather than clearance after fumigation if fumigation is not an effective or safe remedy.

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