SARDA PLYWOOD LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The question raised before the High court, and reiterated here, was whether certain logs of timber imported by the petitioners from Korea, Burma, Malaysia etc. for use in the manufacture of plywood were amenable to quarantine regulations under the statutory notification dated 27/10/1989 issued under the provisions of an agricultural quarantine law viz. , the Destructive Insects and Pests Act, 1914 (hereinafter referred to as the 'act'). It was contended before the High court that the quarantine regulations for the detention, inspection, fumigation, etc. of the logs of timber imported for the specific purpose of manufacture of plywood can have no nexus to the object of the Act which was to prevent the introduction into India and prevent the transport from one State to another insects, fungus or other pestsdestructive of crops. The High court dismissed the writ petition, in limine.

(2.) S. 3 of the Act, as amended by Act 6 of 1938, envisages that government may, by notification in the official gazette, prohibit or regulate, subject to restrictions and conditions as it may impose, the import into India or any part thereof or any specified place therein, of any article or class of articles likely to cause infection to any crop. The object of the Act is to prevent introduction into India of any insect, fungus or other pest destructive of crops. This object is to be carried into effect by the prohibition or regulation of the import of any article or class of articles likely to cause such infestation of the crops.

(3.) It is in the public interest that State prohibits or regulates entry into its territories harmful substances, impure food, animals or persons having contagious diseases or articles which are a potential danger to the health, safety, well being and good morals of the community or the health of the flora and the fauna. In the Statement of Objects and Reasons of the Bill it was stated: