SANJAY KHANNA Vs. DIRECTOR GENERAL FOREGEIGN TRADE

JUDGEMENT

(1.) By this writ petition, petitioner Mr.Sanjay Khanna, seeks a direction to the respondents to release the consignment of white Goose and duck feathers, imported by his customers for manufacture of shuttle cocks for the game of badminton. Petitioner is an indenting agent for his Chinese Principals and places orders on behalf of Indian Customers and importers. Petitioner had placed orders for M/s.Rajindra Sports International, M/s.South Indian Industries and M/s.Jagdish Sports Industries all from Jallandhar, Punjab.

(2.) The goods had been shipped on 15th January, 2004 and had arrived in India on 4th February, 2004. Vide notification No. 33(RE-2003)/2002-2007 dated 6th February, 2004 issued in exercise of powers under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992, the import of feathers from all countries in view of reported outbreak of Highly Pathogenic Avian Influenza (Fowl Plague) was prohibited for a period of six months. Vide another notification No. S.O.155 (E) dated 3rd February, 2004 issued under Sub-section (1) of Section 3 and Section 3A of the Livestock Importation Act, 1898 and in supersession of earlier notification dated 20th January, 2004, the Central Government prohibited the import into India from all countries feathers and other livestock product in view of the outbreak of Highly Pathogenic Avian Influenza (Fowl Plague). Initially prohibition under this notification was also for six months.

(3.) The ban under the notification dated 6th February, 2004 was extended vide another notification bearing No. 43/(RE-2003)/2002-2007 dated 6th August, 2004 for a period of further six months. Again vide another notification dated 7th February, 2005, issued under sub-section (1) of Section 3 and Section 3A of Livestock Importation Act, 1898, the import of feathers on account of Highly Pathogenic Avian Influenza (Fowl Plague) was extended for a further period of six months.