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2018 (10) TMI 1084 - HC - CustomsExport of Garnet produced from Beach Sand Mineral - allegation of illegal activity of mining - Direction to produce the certificate/documents to show the legitimacy of the source for Beach Sand Minerals and Natural Garnet brought to Cochin Port for export by the writ petitioner - ban on mining operation for Beach Sand Minerals imposed by the Tamil Nadu Government - authorities felt that the Beach Sand Minerals out of which Natural Garnet is produced by the petitioner, was illegally sourced and transported to Kerala for export. Held that:- While exporting, the exporter not only has to be concerned with the Customs Act but he must also adhere to other prohibitory laws like the MMDR Act, The Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011 . Merely because export of a particular product is permitted freely under the Foreign Trade Policy and the Foreign Trade (Development and Regulation) Act , the export of any item in violation of other prohibitory laws, cannot be permitted by court - In any case, it is not a case of total ban on export imposed by the authorities but when the exporter is able to satisfy the legal source of the mineral to be exported, he is at liberty to export them. In fact, it is the specific case of the learned counsel for the petitioner that all the items awaiting for export have been sourced through legal operations. If that be the case, if the petitioner can satisfy the authorities about the legitimate source of the minerals, they can carry on with their export activities without any hindrance. The learned single Judge has considered all the above aspects and noted that the custom authorities have issued Exts. P2 and P3 orders in accordance with the powers conferred upon them, under the Customs Act as also the notification issued under the Foreign Trade Policy read with the Foreign Trade (Development and Regulation) Act. Therefore, the court concluded that there is no illegality in the issuance of Exts. P2 and P3 orders and the petitioner is at liberty to export his goods, as soon as he is able to satisfy the authorities on the legal source, of the exported minerals. Appeal dismissed - decided against appellant.
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