SARDA PLYWOOD LTD. AND ANR versus UNION OF INDIA AND ORS.

Timber logs imported for plywood manufacture fall within the definition of 'plant' under Notification dated 27.10.1989, and are subject to quarantine regulations, as the purpose of import is irrelevant when potential for carrying destructive pests exists. Preventing entry is the main object, not post-import effects.

Parties: Petitioner: Sarda Plywood Ltd.; Respondent: Union of India; Intervenor: K. Parasaran
Jurisdiction: India
Judgment Date: 09 April 1990
Procedural Posture: Special Leave Petition / Disposition (final Order)
Outcome: Petition dismissed
Legal Topics: Quarantine Regulations, Import Restrictions, Agricultural Protection, Interpretation of 'plant' Under Statutory Notification

Administrative Law Environmental Law Quarantine Regulations Import Restrictions Agricultural Protection Interpretation of 'plant' Under Statutory Notification

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Parties

Sarda Plywood Ltd.

Petitioner

Union of India

Respondent

K. Parasaran

Intervenor

Procedural Posture

Special Leave Petition / Disposition (final Order)

Legal Issues

1 Whether imported timber logs for plywood manufacture are subject to quarantine regulations under Notification dated 27.10.1989 issued under Destructive Insects and Pests Act, 1914
2 Whether 'plant' includes timber logs as per statutory definition
3 Whether restrictions imposed are reasonably related to the object of the Act

Ratio Decidendi

Court Disposition

Petition dismissed

Orders

Petition dismissed
Petitioner allowed liberty to pursue challenge to quantum of fee and procedure in appropriate proceedings