KARACHI: The customs officials have informed the Sindh High Court (SHC) that dry copra and related items are completely prohibited under rules 21 of Pakistan Plant Quarantine Rule 1967 read with section 3 of Pakistan Plant Quarantine Act, 1976 due to possible risk of contagious diseases. Therefore, the court may dismiss the petition in the best interest of the nation.
A two-member bench, comprising Justice Munib Akhtar and Justice Saeeduddin Nasir, was hearing the constitutional petition filed by Pakistan Kiryana Merchants Association, Amir Corporation, Uzair Enterprises, Al-Khybar Tea and Foods and Makhas Impex seeking release of their consignments of dry copra and related items which were allegedly declared prohibited for import by duty scaling (Quarantine) department of the plant protection and customs authorities.
During the hearing, the deputy attorney general appeared before the court and submitted para-wise comments which were taken on record by the court.
In a report, custom authorities informed the SHC that fresh coconut, desiccated coconut and copra/ dry copra are after all material of coconut palm, the degree of processing of fresh coconut for making desiccated coconut and copra does not rule out probability of infestation/ infection of quarantine diseases and pests with them and even after processing, these commodities are regulated goods and capable of pathway for quarantine diseases and pests and hence, requires phytosanitary measure which is complete prohibition under rule 21 of Pakistan plant quarantine rule 1967 read with section 3 of Pakistan plant quarantine act, 1976.
Earlier, counsel for the petitioner stated petitioner have imported the consignments of dry copra and related items which have been arrived on northern power of Pakistan international container terminal and they filed goods declarations and requested the customs authorities for releasing of said consignments.
According to the importers, on Jan 15, 2016 respondents replied and stated and clarifying that the coconut plant or its material from south India is prohibited, however, if the dry copra for oil extraction is imported and classified under H.S code 1203.00000, department has no objection on the import of the said commodity and PPRO will be issued.
Citing Ministry of National Food Security and Research, GD Ministry of National Food Security and Research, Duty Scaling (Quarantine) Department of Plant Protection, Sectary Revenue Division, the Collector of Customs Appraisement West Model Custom Collectorate and the Collector of Customs Appraisement East Model Customs Collectorate Karachi as respondents, petitioners pleaded the court my declare that action of the respondents unlawfully holding and refusing to issue the release order is illegal, knowingly that the petitioners have imported dry copra and not coconut having H.S code 0801.1100.
Petitioners also pleaded the SHC may declare that dry copra imported by the petitioners are not prohibited items in terms of rule 21 of PPQ rules, 1967and are liable for issue to release order having no jurisdiction to prohibit the import of said items, court may direct the respondents to release the consignments of the petitioners.
