ST GEORGE INDUSTRIES Vs. MINISTRY OF AGRICULTURE

JUDGEMENT

(1.) The prayer in the Writ Petition is to direct the second respondent to consider Ext. P4 application and to pass appropriate orders within a time frame.

(2.) The petitioner is stated as trader of Gaharu Buaya Woods (Aetoxylon sympettalum), which is being used for manufacturing the 'Agarbathies and perfumes'. The import of agricultural articles to India is stated as regulated by the Plant Quarantine (Regulation of Import into India) Order, 2003.

(3.) The learned counsel for the petitioner submits that as per Cl. 3 (2) of the Order cited supra, the free import is provided only to those plant species and those items specifically mentioned in schedule No. iv of the Order, however, adding that, there is no prohibition for import of the above wood, as well. The learned counsel further submits that, in spite of absence of any prohibition, since the said item is not included in Schedule No. IV, permission has to be obtained from the concerned respondent and it was in the said circumstance, that, Ext. P4 application was preferred before the second respondent.