N.D. TIMBERS Vs. UNION OF INDIA

JUDGEMENT

(1.) Since the captioned writ petitions are premised on common facts and the issue involved is also common, they are heard and decided analogously by this common judgment and order.

(2.) All the petitioners are dealing with the import of timber wood and have to treat such wood with fumigation process for pest control. The petitioners are constrained to file the present petitions against the action of demand of additional fine/charge/penalty 5 times of regular fees by the respondents from the petitioners purportedly under Clause 14(2) of Chapter VI of the Plant Quarantine Order (Regulation of Import into India), 2003 (hereinafter referred to as 'the PQ Order, 2003). The petitioners also seek to challenge the condition/s imposed by the respondents by way of Office Memorandum No. 8-131/2016-PP.II dtd. 28/6/2017 and Office Memorandum No. 8-131/2016-PP II dtd. 27/12/2018, thereby demanding the above referred penalty/additional charges.

(3.) All the aforementioned OMs refer to the fumigation process undertaken for the imports of timber by using Methyl Bromide (with 48 g/m3 for 24 hours at 21 degree Celsius). It is an admitted fact that all the petitioners have the requisite certificate of fumigation issued by the officials of the exporting country, but the respondent authority treat the same as invalid for the reason that they do not meet with the standards or parameters as prescribed by India. Hence, the petitioners are asked again to treat the timber with fumigation by Methyl Bromide as per the Indian standards, and accordingly are issued such certificates. In view of such objection, the petitioners are asked to pay the charge of fumigation and the penalty also.