2016 (3) TMI 703

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....e, directing the Plant Protection Advisor to file an FIR against the importer and exporter of the timber consignment as the Phytosanitary Certificate of the Exporter was forged. 2. Ms.Prema Priyadarshini, learned counsel for petitioner states that for a meager amount of Rs. 5000 to Rs. 6000 generally spent for the fumigation of the timber in the exporting country, the petitioner would not have procured a forged certificate. 3. She submits that for fault of an exporter, petitioner who is an importer cannot be blamed. In support of her contention, she relies upon Rules 3(16), 3(17), 9(1), 9(2) and 14(1) of the Plant Quarantine (Regulation of Import into India) Order, 2003 [hereinafter referred to as "Quarantine Order"]. The said Rules a....

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....t duly approved by the Plant Protection Adviser and the treatment shall be endorsed on the Phytosanitary certificate issued thereof at the country of export; or (ii) the timber or sawn or sized wood (without bark) prior to export shall be either fumigated as above or kiln dried or heat treated at 56ºC for 30 min (core temperature of wood) and appropriately marked as „KD' or „HT', as the case may be, and in such instances no Phytosanitary certificate shall be required, but a treatment certificate issued by the approved agency shall be required to be produced before the Plant Protection Adviser. (2) All the consignments of timber shall be inspected on board prior to unloading at the port of arrival by an off....

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.... at the country of origin. In support of her contention, learned counsel for the respondents relies upon Rule 3 (20) of the Quarantine Order. The same is reproduced hereinbelow:- "3. Permits for Import of plants, plant products etc. (20) No consignment shall be permitted import unless accompanied by a original copy of the Phytosanitary Certificate issued by an authorized officer at the country of origin in the form PQ 21 or at the country of re-export in form PQ22." (emphasis supplied) 5. She also points out that as the petitioner was a repeat offender, the petitioner's application for relaxation of conditions of Import Permit and Phytosanitary Certificate was referred to the Department of Agriculture and Cooperation. 6. Upon....