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2011 (12) TMI 209 - BOMBAY HIGH COURTPetitioner sought to challenge notification issued on 31 October 2011 – Notification brought amendment in Chapter – 2 dealing with "Meat and Edible Meat Offal." of Schedule 2 of the ITC (HS) Classification of Export and Import Items – petitioner, registered with APEDA, is an exporter of buffalo meat – Held that:- The present notification dated 31 October 2011 is clarificatory. Under the present notification, both the meat processing plant and the place where-from the meat is sourced as a raw material have to be duly registered with APEDA. Whether the meat processing plant has an integrated abattoir or is only a stand alone meat processing plant, does not make any difference to the applicability of the notification. In the case of both, a registration is required with APEDA. In our view, the Union Government was not acting ultra vires its statutory powers when it imposed these restrictions. These restrictions were as a matter of fact in existence since 2004 and the notification of 31 October 2011 is clarificatory to set the matter beyond any doubt. The fundamental right of carrying out business under Article 19 (1) (g) is subject to reasonable restraints under Article 19 (6). The notification does not fall foul of Constitutional provisions. Delhi High Court on 28 November 2011 has dismissed a petition of M/s. Marya Frozen Agro Foods Pvt. Ltd. raising a similar challenge.
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