Arijit Pasayat, J. - (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a Division Bench of the Bombay High Court in Writ Petition No. 642/2006. The respondents had imported 56 metric tons of garlic from China which was found to be infected with Embellisia alli (fungus) and traces of Urocystis Capulae. The appellants withheld the permit for import of consignment until further orders. Respondent nos.1 and 2 filed a writ petition in the Bombay High Court which was directed as follows: The third respondent is directed to carry out fumigation treatment by using Methyl Bromide as prescribed in the Plant Quarantine (regulation of Import into India) Order 2003 on the 56 metric tones of Chinese garlic imported by the petitioners and lying in the bonded warehouse at the Petitioners costs. After fumigation is complete which generally takes 48 hours, the Respondent No. 3 and 4 are directed to forthwith permit the Petitioners to clear the 56 metric tones of Chines garlic imported by the Petitioners and lying in the bonded warehouse upon payment of necessary duties on the actual weight of the garlic (since the weight of the garlic has reduced since it landed on the JNPT port) and completion of formalities, without any further orders. The order dated 6th October, 2005 passed by the Third respondent and the order dated 28th December, 2005 are hereby set aside.
(3.) Review petition was filed which was dismissed. According to learned Counsel for the appellants there is strong risk of this fungus (at present totality absent in India) affecting the future cultivation in India for the reason that the scales of such infected garlic are peeled of for its use, thrown into dust bins as garbage and used a manure. This is one of the ways by which some of the fungus got introduced in countries including India and elsewhere and caused permanent damage to the crops which the agricultural experts found difficult to solve.;