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2019 (11) TMI 1060 - HC - CustomsContinued possession/indefinite retention of Accumulated stock of Shark Fins - utilization for permitted domestic use or otherwise the stock is to be destroyed - HELD THAT:- While use of Shark Fins for certain permitted activity (other than as the ingredient in Shark Fins soup), may be possible, the technology for such usage is still in the process of development. Thus, there is an element of uncertainty as to the time frame within which, the petitioner can legally utilize the accumulated stock of Shark Fins in India. If the technology for high value product is currently not available in India, the indefinite retention of the perishable stock, may not be justified. In this context, the petitioner had voiced concern about the costs involved in keeping the accumulated stock of Shark Fins in India, without being permitted to export the same - This Court cannot be unmindful of the fact that the Shark Fins were procured by the petitioner during the period when there was ban on export. Such ban imposed by the Indian Government has since been upheld by the Courts. The Learned Counsel for the petitioner however submits that the Shark Fins were procured with the hope that there will be a change of policy of the Government but it did not happen. Therefore, it is apparent that the product in question was accumulated at the risk and cost of the petitioner in the hope of change of Governmental policy. While the petitioner is seeking a direction for indefinite retention of the Shark Fins without exploring the option of permitted use based on the technology currently available, it has to be borne in mind that the product itself is perishable - particularly because the petitioner has failed to indicate any time limit for utilizing the stock of Shark Fins, for permitted domestic use, we feel that indefinite retention cannot be allowed. Review petition dismissed.
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