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2016 (4) TMI 788 - HC - CustomsSeeking permission for clearance of goods - Import of insecticide viz., Ethephon from china - Petitioner contended that they have obtained a necessary registration certificate under Section 9(4) of the Act in the year 1991 and also in 1992 - Held that:- it could be seen that the certificate dated 01.07.1991 was issued for indigenous manufacture only and not meant for import of Ethephon. When it was not issued for the purpose of import of Ethephon and it was issued only for the purpose of indigenous manufacture, the petitioner cannot rely upon this document to say that they are entitled for import of Ethephon from China. Similarly, the registration certificate dated 10.02.1992 was also issued only for indigenous manufacture. When both the documents relied upon by the petitioner pertain to the indigenous manufacture only, the same cannot be pressed into service by the petitioner for importing Ethephon from China. The petitioner's contention that it has been importing Ethephon since 1991 cannot be accepted as a ground for permitting them to import Ethephon insecticides, without following the mandatory provisions of the Act. It can only be said that the petitioner Company have managed to import Ethephon all these years. As stated above, that cannot be a ground for directing the respondents to release the consignment. In the absence of the mandatory registration, the consignment cannot be released. - Decided against the petitioner
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