IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 5771 of 2011(V) ------------------------- PETITIONER(S): --------------- M/S.SSR TEXTILE EXPORTS, PP 11/530, SNEHA AMBIKA ROAD,PALLIKUNNU,KANNUR,PIN 670004, THROUGH ITS PROPRIETOR POTHEN MOHANAN S/O.NARAYANAN, AGED 57 YEARS, BUSINESS,RESIDING AT PALLIKUNNU AMSOM DESOM, KANNUR TALUK AND DISTRICT. BY ADV. SRI.K.M.MOHAMMED KUNHI RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF AGRICULTURE SASTHRI BHAVAN NEW DELHI-110001. 2. THE PLANT PROTECTION OFFICER,DIRECTORATE OF PLANT PROTECTION QUARANTINE & STORAGE, WELLINGTON, COCHIN-682018. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 &2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5771 of 2011 APPENDIX EXHIBITS EXT.P1- IMPORT EXPORT CODE DATED 8.4.03 EXT.P2- APPLICATION FOR PERMIT TO IMPORT GARLIC DATED 25.1.2011 EXT.P3- SALE CONTRACT BETWEEN PETITIONER AND QINGDAO QY GLOBAL IMP EXT.Co Ltd DATED 15.1.2010 EXT.P4- REPLY BY SECOND RESPONDENT RETURNING EXT.P2 DATED 28.1.2011 EXT.P5- PAPER CUTTING OF “BUSINESS TODAY” (THE HINDU) DATED 21.2.2010 (True Copy) P.A to Judge ANTONY DOMINIC, J ....................................................... W.P.(C).5771/2011 .............................................. Dated this the 21st day of July, 2011 JUDGMENT Petitioner contends that though they made an application for 'import permit' to import garlic from China, the request to permit such import was turned down. It is alleging that garlic is permitted to be imported to this country, the writ petition has been filed, seeking a direction to the respondents to issue import permit, in order to enable the petitioner to import garlic as sought for by it. 2. In paragraph 7 and 8 of the counter affidavit filed by the respondents it is stated thus:- “It is submitted that import of Garlic bulbs for consumption is permitted from any country into India as per PQ order 2003. But, during the year 2004-05, a storage fungus namely Embellitia allii a quarrantine pest (not known to occur in India) was intercepted in the consignments of garlic bulbs imported from China. The fungus causes rotting of bulbs and its spores cover entire bulb turning the same into charcoal appearance thus garlic becomes W.P.(C).5771/11 2 unfit for human consumption. The fungus can be inactivated with fungicidal treatment but after chemical treatment the Garlic becomes totally unfit for human consumption as the chemicals (fungicide) persist with the treated material. Thus, in other words, it can be said that infected garlic for consumption purpose with fungus Embellitia allii cannot be eliminated. The import of garlic from China is possible only if that country declares that garlic is grown in Embellitia ellii free area. Documents from the country of origin is a mus. This is International, Bilateral issue and the country of Export (China) is not able to provide such evidence to India. Consequent upon repeated interceptions of fungus in the consignments imported from China, the Government of India had decided to withhold issue of import permit for import of garlic from China by issuing order No.18-4/2000-PP I dated 6th September 2005 since PQ Order 2003 already contained the provisions under clause 3 (7) chapter-II that in the event of interception of a quarantine pest in imported consignment, further import of consignments shall be suspended until earlier PRA in respects of the consignments is reviewed and the risk mitigating measures are evaluated. W.P.(C).5771/11 3 It is further submitted that garlic import from all the countries of the world (except China) is permitted so that options for import to the petitioner are very well open and there are instances that other importers have obtained import permits for import of garlic from other countries other than Chinese origin garlic.” 3. Therefore, in the light of the above stand, as at present, the request of the petitioner that they should be permitted to import garlic from China, cannot be granted. 4. Be that as it may, it is directed that if the petitioner produces the documents from the country of export with the declaration as required, the respondents will consider the request of the petitioner afresh. With the above clarification, the writ petition is disposed of. ANTONY DOMINIC, Judge mrcs