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2014 (12) TMI 1208 - AT - CustomsImport of Fresh Frozen Green Peas - The Plant and Quarantine department advised the Customs department vide letter dated 16-11-2009 to deport back to the supplies or destroy the goods as there is bio-security risk. - The adjudicating authority allowed the redemption of the goods for re-export only on payment of fine - Held that:- The appellant cannot be held guilty. In view of my above discussions - since the final test as regard Pest Risk Analysis was not carried out, the reliance can be placed on other documents such as Phytosanitary Certificate, report of Public Health Department of Municipal Corporation of Greater Mumbai and also certificate of Quarantine given by the supplier by which it can be ascertained that the product in question is free from pest, insect and fungal infection. - Impugned order set aside - Decided in favor of appellant.
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