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Gauhati HC orders CBI probe into areca nut smuggling in Mizoram

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GUWAHATI, July 20: The Gauhati High Court has directed the Central Bureau of Investigation (CBI) to probe into the alleged smuggling of dry areca nuts from Myanmar into India through Champhai district of eastern Mizoram.

Based on a public interest litigation (PIL) filed by activist Vanramchhuangi, a division bench of the High Court comprising Justice Michael Zothankhuma and Justice Marli Vankung said: “This direction (for CBI probe) has been passed due to the stand taken by the state police that they are unable to investigate the said matter thoroughly as it involves international smuggling, originating from Myanmar.”

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In the PIL, the petitioner alleged that the state government has not taken any steps to curb the smuggling of dry arecanuts and that fake/forged e-way bills have been issued by the state GST and Central GST authorities.

The petitioner sought appropriate orders from the court directing the Central Bureau of Investigation (CBI) to take up the matter, as the state government is playing a passive role in curbing the menace of smuggling of dry arecanuts from Myanmar, through Champhai district.

It was submitted in court that due to the rampant smuggling of dry arecanuts from Myanmar into India, the local growers of arecanuts in Mizoram and in other parts of India are also suffering a huge loss. The smugglers are not paying the import duty on the smuggled arecanuts and are thus selling their smuggled items at a lesser rate compared to the rates offered by the local growers. Thus, to protect the interest of the local growers of arecanuts, the international smuggling of arecanuts has to be stopped.

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On July 13, 2022, the Assistant Commissioner of Customs, Customs (Preventive) Division stated that as per the data provided by the Directorate of Horticulture, Mizoram, the total production of arecanuts in Mizoram was 33,540 MT in 2019-2020. The production of arecanuts in Champhai district was nil. However, as per the data available in the website of Directorate of Arecanut & Spices Development (DASD), Ministry of Agriculture and Farmers Welfare (Development of Agriculture Co-operation & Farmers Welfare),  the arecanut production in Mizoram in 2019-2020 was only 10,840 MT and there was no arecanut production in Manipur.

As per the study carried out by DRI, Guwahati Regional Unit, there is no arecanut drying/processing unit in Mizoram, and the locally produced arecanuts of Mizoram are sold as freshly harvested raw arecanuts

On January 17, 2023, the Mizoram home department submitted that the arecanut plantations which started in 2021 & 2022 in both Champhai and Khawzawl districts are not yielding arecanuts. The additional affidavit further states that the owners of the arecanut plantations in both districts are not registered under GST.

“It is surprising to note that while the Mizoram home department has clearly stated that arecanut plantations in Champhai and Khawzawl were not yielding arecanuts, the figure shows that e-way bills have been issued by the state government in respect of the assessable values of the arecanuts shows that e-way bills have been generated and issued to persons, despite no arecanut plantations yielding any arecanuts till January 17, 2023 in Champhai district. Similarly, it is not known as to how e-way bills could have been issued for 2023 – 2024 unless the plantations have suddenly started yielding arecanuts,” the court observed.

“There is something not quite right in the issuance of e-way bills for transportation of smuggled arecanuts from Champhai district, Mizoram to outside,” the court bench further said

“The matter relates to cross-border smuggling of arecanuts with reports being made of seizures of the same even a few weeks back. All the respondents have not objected to the investigation of smuggling of dry arecanuts in Mizoram to be undertaken by the CBI and given Notification No. C.31016/1/2020-VIG dated 28.12.2023 issued by the secretary to the Mizoram government, Vigilance Department, the CBI, represented by the Director, is directed to cause an investigation of the allegation of smuggling of dry arecanuts from Myanmar into India through Champhai district and the consequential transportation of the same, based on alleged fake/forged e-way bills/ G.S.T certificates.

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