Page 156 - ELT_1st August 2020_Vol 373_Part 3

338 EXCISE LAW TIMES [ Vol. 373

Standing Counsel for the respective respondents, waive service of notice of rule
on behalf of the respective respondents.
2. By this petition under Article 226 of the Constitution of India, the pe-
titioner seeks a direction to the respondents to permit the importation and clear-
ance of “Grain De Cotton” (Cotton Grain) for cattle feed consumption under the
advance orders dated 8-5-2017 and 19-6-2017, without insisting on the amend-
ment under Notification dated 27-12-2017 and seek a further declaration that
such import of Cotton Grain for cattle feed consumption is free and without any
restrictions.
2.1 The petitioners have also challenged the Notification dated 27-12-
2017 (Annexure-P to the petition) and seek a declaration that defining “Animal
Feed” in the Definition clause of Schedule-VII of the Plant Quarantine Order
(Regulation of Import Into India), 2003 (hereinafter referred to as “the Plant
Quarantine Order”) is bad in law and arbitrary.
3. The facts briefly stated are that the petitioner, in its routine course of
business and being a regular importer/trader of agricultural products and relat-
ed activities, imported a consignment of “Grain De Cotton” (Cotton Seeds) for
cattle feed consumption from Benin, Africa. These imports were a part of con-
tracts signed between the parties for import of 10,000 metric tonnes of cotton
seeds by the petitioner from the Benin Supplier — Sunshine Global.
4. The Bill of Entry was filed at Mundra Customs with all relevant doc-
uments to support the same since the item is freely importable under the EXIM
policy of India and the Customs Tariff Act, without any legal restrictions. The
import of goods was also supported with the Phytosanitary Condition Satisfied
Certificate from the exporting country along with the fumigation clearance. The
Customs, Mundra, duly assessed the Bill of Entry and granted its clearance out of
charge, on payment of duty of Rs. 8,48,402/- upon EDI examination and also
granted the out of charge order for home consumption. On seeking release of the
goods from the Container Freight Station, the authorities refused to release the
goods on the ground that the Plant Protection Officer has asked them to keep the
consignment on hold. The petitioner suggested that when the consignment has
already been cleared on scrutiny of all the relevant documents, it has to be re-
leased. However, such request was turned down.
5. On 19-7-2017 the Deputy Commissioner of Customs (SIIB) issued a
letter to the petitioner informing it that the matter of import of cotton seed for
animal feed grade was taken up with the Ministry of Agriculture & Farmer Wel-
fare, Government of India, wherein they had informed that the commodity “Cot-
ton Seed for animal feed grade” or “Cotton Seed for animal feed consumption” is
not notified in Plant Quarantine (Regulation of Import into India), Order, 2003.
They also informed that for notification of plant and plant products for import,
detailed Pest Risk Analysis (PRA) is carried out on request of exporting country
or any interested party in prescribed format. They also informed that the con-
signments which have already arrived in India cannot be released in normal
course. It was, therefore, suggested that for release of the imported goods the
petitioner may carry out Pest Risk Analysis (PRA) or obtain relaxation of the
phytosanitary condition from the competent authority. On the same day, the pe-
titioner clarified in detail that no condition, except of obtaining a Phytosanitary

EXCISE LAW TIMES  1st August 2020  156