FUMIGATION SERVICES (PVT.) LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is a registered company, engaged in fumigation and pest control services to exporters. Directorate of Plant Protection, Quarantine and Storage, established under the Ministry of Agriculture is the authority for granting Accreditation of Fumigation Agencies for performance of fumigation treatments with Methyl Bromide under accreditation scheme.

(2.) In May 2010, guidelines have been issued for Assessment, Audit and Accreditation of Fumigation Agencies for undertaking Methyl Bromide Fumigation by the Directorate of Plant Protection, Quarantine and Storage, Ministry of Agriculture, Department of Agriculture and Cooperation, Government of India. Subsequently, in December 2017, guidelines have been revised. On 11/9/2018, when the petitioner company applied for Phytosanitary Certificate (PSC) at Plant Quarantine Station (PQS) Krishnapatnam, for a consignment, the same could not be obtained / generated due to the omission of the branch name i.e M/s.Fumigation Services Pvt. Ltd. (Nellor) from the Plant Quarantine Information System (PQIS) database. Immediately, the Managing Director of the petitioner company addressed an email to the Joint Director, Directorate of Plant Protection, Quarantine and Storage (PPQS) regarding the omission of the branch code from the PQIS database.

(3.) Responding to the email sent by the petitioner, Joint Director, Directorate of Plant Protection, Quarantine and Storage (PPQS) replied that the petitioner company was suspended from fumigation operations for a period of 3 months from the date of the issue of the said letter dtd. 21/8/2018.