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2022 Supreme(Guj) 1799

A. S. SUPEHIA
N. D. Timbers – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Bharat Raichandani With Mr. Mahesh Raichandani With Mr. Anshul Jain With Mr. Love R. Sharma, Mr. Harshit Tolia With Mr. Tejas Trivedi with Mr. Kunal R. Desai, Mr. Y.J. Patel, Mr. Jigneshkumar P. Pandav.
For the Respondent: Mr. Parth H. Bhatt, Mr. Devang Vyas, Mr. Parth H. Bhatt.

JUDGMENT :

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.

FACTS:

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 dated 28.06.2017 and Office Memorandum No.8-131/2016-PP II dated 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

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