Page 160 - ELT_1st August 2020_Vol 373_Part 3

342 EXCISE LAW TIMES [ Vol. 373

11.6 It was further submitted that if all other forms of seeds for con-
sumption are freely importable under Schedules-V and VII of the Plant Quaran-
tine Order, there is no justification for controlling only cotton grains for con-
sumption and not any other seeds, which may have higher or similar tendencies
of being sown or to spread infections or pests. It was submitted that seeds for
sowing and seeds for consumption, being well defined under the Plant Quaran-
tine Order, can very well permit the Plant Quarantine Department to impose fur-
ther conditions on import of “cotton seed for consumption” as grains, as is done
for all other commodities like coriander, sesame, sunflower, rabi and many other
seeds. Hence, to ensure that these seeds are not being used for sowing, checks
and tests could be undertaken, instead of expressing mere doubts and apprehen-
sions that they may be used for sowing. It was submitted that additional checks
and balances can be prescribed for import of cotton grains as “animal feed” in
the form of whole grains so that they are not consumed for any other purpose. It
was, accordingly, urged that the impugned notification defining “animal feed”
deserves to be quashed and set aside and the petition deserves to be allowed by
granting the reliefs as prayed for.
12. Opposing the petition, Mr. Nirzar Desai, Learned Senior Standing
Counsel for the respondents, invited the attention of the Court to the findings
recorded by this Court in Special Civil Application No. 22428 of 2017 [2019 (24)
G.S.T.L. 179 (Guj.)] in the earlier round of litigation. It was submitted that the
DI&P Act empowers the Union of India to issue notification in the Gazette of
India in public interest for imposing restrictions for the import into India of
plants/plant products to deter introduction of exotic/alien pests along with
plants and plant products into the country from the country of export. It was
submitted that on the other hand the Union Government has issued a number of
notifications in exercise of powers conferred upon it under the DI&P Act for al-
lowing significant species of plants and plant products either to boost productivi-
ty of crops or to meet with the country’s requirement of food products.
12.1 It was submitted that the notifications issued from time to time are
in public interest to categorise plant products to deter or eliminate risk of pests,
diseases and weeds from entering into the country which might be associated
with plants and plant products. It was submitted that the risk of pests’ introduc-
tion is determined by conducting Pest Risk Analysis (PRA) under the provisions
contained in Clause-3, Chapter-II of the Plant Quarantine (Regulation of Import
into India) Order, 2003.
12.2 It was submitted that it is true that any grain or seeds can be used
as animal feed, but all grains or seeds of different plants might actually have dif-
ferent degree of exotic/alien pests’ introduction risk into the country from the
exporting country. It was submitted that it is in this background that the compe-
tent authority has elaborated the definition of “animal feed” to deter the risk of
exotic/alien pests’ introduction into the country from other parts of the world.
12.3 It was submitted that the impugned notification does not deprive
any importer or individual from importing “animal feed” and the only re-
striction imposed is to the import of any grains or seeds of any plant species in
the garb of “animal feed”. However, the importer can always import the notified
plants and plant products, including cotton seeds, through the right channel. It
was submitted that cotton is a very dominant commercial crop of this country,
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