- (1.) The question raised before the High court, and reiterated here, was whether certain logs of timber imported by the petitioners from Korea, Burma, Malaysia etc. for use in the manufacture of plywood were amenable to quarantine regulations under the statutory notification dated 27/10/1989 issued under the provisions of an agricultural quarantine law viz. , the Destructive Insects and Pests Act, 1914 (hereinafter referred to as the 'act'). It was contended before the High court that the quarantine regulations for the detention, inspection, fumigation, etc. of the logs of timber imported for the specific purpose of manufacture of plywood can have no nexus to the object of the Act which was to prevent the introduction into India and prevent the transport from one State to another insects, fungus or other pestsdestructive of crops. The High court dismissed the writ petition, in limine.
(2.) S. 3 of the Act, as amended by Act 6 of 1938, envisages that government may, by notification in the official gazette, prohibit or regulate, subject to restrictions and conditions as it may impose, the import into India or any part thereof or any specified place therein, of any article or class of articles likely to cause infection to any crop. The object of the Act is to prevent introduction into India of any insect, fungus or other pest destructive of crops. This object is to be carried into effect by the prohibition or regulation of the import of any article or class of articles likely to cause such infestation of the crops.
(3.) It is in the public interest that State prohibits or regulates entry into its territories harmful substances, impure food, animals or persons having contagious diseases or articles which are a potential danger to the health, safety, well being and good morals of the community or the health of the flora and the fauna. In the Statement of Objects and Reasons of the Bill it was stated: "This Bill is the outcome of representations made by the Bombay Chamber of Commerce in 1906, and it has been prepared after consultation with experts and with a considerable number of bodies and persons interested in gardening and agriculture. It gives power to government to control the importation into British India of articles likely to cause infection to crops, and is based partly on the corresponding English Acts of 1877 and 1907, and partly on the provisions of the Indian Livestock Importation Act of 1898. 2. Action under the Bill would be taken in respect of certain crops only and would assume various forms according to the crop or the class of infection concerned. In some cases, for instance, importation would be prohibited except at certain ports, and then after fumigation. In others, importation would have to be accompanied by certificates of freedom from disease; while in other, importation would be allowed under a licence from the Agricultural Department. "and in the speech to move for leave to introduce the Bill Sir Edward Maclagan said: "My Lord, the government was addressed some years ago by the Bombay Chamber of Commerce, who pointed out that most other countries had protected themselves by somewhat stringent measures from the damage done to agriculture and gardening by the introduction of destructive insects and other pests. They urged upon us that, with the increase of communications, the time had then come when similar precautions should be taken in India. "the attention of the Chamber', they said, 'has recently been drawn to the danger of the introduction into India of insect pests, more particularly through the importation of plants from foreign countries 227 This danger is ever present and owing to increased communication and trade with various other portions of the world, and the more rapid transport of merchandise, the danger has now become extremely serious. It is reasonable to suppose that if some forms of virulent insect pests obtain footing here, and are allowed to propagate unchecked, the damage done to the staple crops of this country will be incalculable. . In Europe and America very stringent precautions are now taken, and in Australia plants are thoroughly fumigated on both leaving and arriving in the country. Considering the great importance of the question, my committee strongly urge that similar precautions may be taken in India, and more particularly in Bombay. . On receipt of this representation we consulted our experts and ascertained that in several cases disease had already been introduced along with imported material and that there were many destructive diseases in other countries which were likely to be introduced into India if no restrictions were imposed. We further ascertained from the customs authorities that a considerable number of packages containing fruits, bulbs, roots, seeds and plants were regularly imported into India, and it seemed clear that if steps were not taken to control such importation's, considerable loss might be occasioned to the agriculture and fruit culture of this country. " "We had originally proposed to impose the necessary restrictions by a notification under the Sea Customs Act of 1878, but we found that the terms of that Act did not adequately cover the case with which we had to deal. We decided, therefore, to resort to special legislation, and the present Bill has been accordingly prepared, under which the government is armed with the powers necessary for the purpose. ";