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2020 (9) TMI 82 - HC - CustomsProvisional clearance of the goods imported pending a consideration by the Supreme Court of the main issue with regard to the legality of the notification - Ext.P1 notification - import of restricted item - Canadian Green Peas - HELD THAT:- The prayer for provisional release of the goods sought for by the petitioner cannot be granted. It cannot be ignored that what the petitioner has chosen to import is a commodity in respect of which the Central Government, through the Directorate General of Foreign Trade (DGFT), has issued Ext.P1 notification restricting imports with a view to safeguard the domestic industry. The minimum import price for the product imported is fixed as 200/- per kilo gram CIF and it is not in dispute that the price at which the petitioner imported the commodity is significantly lower than the minimum import price stipulated. The goods, if allowed to be provisionally cleared, would enter the domestic market, thereby frustrating the very objective of the notification issued by the Central Government. That apart, the challenge to the notification itself is pending consideration before the Supreme Court in a batch of transferred writ Petitions from various High Courts. In those writ petitions, the Supreme Court has interdicted the High Courts from deciding the issue with regard to the legality of the notification and has also indicated that, in the event of any importer seeking interim directions, they would have to approach the Supreme Court for the same. Petition dismissed.
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