Page 158 - ELT_1st August 2020_Vol 373_Part 3

340 EXCISE LAW TIMES [ Vol. 373

grain prior to loading at the Port of origin, as not only their suppliers/sellers do
not have such facility to do so, but equally in the sea voyage, of about fifty days,
the same will be completely deteriorated, if brought in any other form and can-
not be put to any use, as the same will have deteriorated in the voyage itself.
Since, it is in view of the amendment in the definition of “animal feed” that the
petitioner is being restricted from importing the commodity being cotton grain
used for cattle feed, the petitioner has filed the present petition seeking the reliefs
noted hereinabove.
11. Mr. Hasit Dave, Learned Advocate for the petitioner, submitted that
under the Foreign Trade Policy, there is no restriction in respect of import of cot-
ton seeds, which are imported as “animal feed”. It was submitted that the Cus-
toms Tariff Act continues to permit import of cattle feed freely so is the case un-
der the EXIM policy. Thus, by the impugned action, the Plant Quarantine De-
partment is indirectly trying to override and tread over the jurisdiction of the
authorities under the Customs Act and is trying to negate the provisions of the
EXIM Policy by stating that the product cannot be imported within the country.
It was submitted that restricting the import of cotton grain without effecting any
change in these provisions and defining this product under the Plant Quarantine
Order, merely by issuing a notification changing the definition of “animal feed”,
the import of which, otherwise is not restricted, is not permissible. It was submit-
ted that there is no applicability of the Plant Quarantine Order in this case in any
manner as cotton seeds for cattle feed consumption are not defined as a “restrict-
ed commodity” under the Plant Quarantine Order and the Schedule thereunder.
11.1 Reference was made to the Destructive Insects and Pests Act, 1914
(hereinafter referred to as “the DI&P Act”) to submit that the same does not con-
fer any right upon the respondents to issue such notification since the preamble
and purpose of the DI&P Act is to see that infections do not spread within the
country on propagation or planting of seeds by such quality of plants or plant
produce either local or imported, to the crops. It was submitted that in the case of
the petitioner, the cotton grain are being imported for consumption purpose and
not for sowing purposes since they cannot be used for sowing as they have failed
the germination tests. It was submitted that the export country has already certi-
fied that the cotton grain for cattle food consumption are incapable for sowing
purposes since they do not have the required strength, which is very high in cot-
ton seeds. It was submitted that there being no provision under the parent Act,
the act of the respondents in curtailing import of “animal feed” by issuing the
impugned notification under the Plant Quarantine Order is illegal and without
any authority of law. It was submitted that by amending the definition of “ani-
mal feed”, an invalid restriction has been placed on the import of “animal feed”
and, therefore, the respondents seek to do something indirectly which is not
permissible directly.
11.2 Reference was made to the impugned Notification dated 27-12-
2017 issued by the Ministry of Agriculture, Cooperation and Farmers Welfare, in
exercise of powers under sub-section (1) of Section 3 of the DI&P Act, whereby it
has amended the Plant Quarantine (Regulation of Import Into India) Order, 2003
by amending Entry No. 19 — “Animal Feed”, whereby the words “Kibbled-
crushed seeds/pellets/dried cake form thereby denatured and free from weed
seeds, bacterial and fungal pathogens”were added.

EXCISE LAW TIMES  1st August 2020  158