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2024 (3) TMI 196 - HC - CustomsValidity of the Notification Prohibiting Export of Non-Basmati White Rice - Seeking directions to permit the export of non-basmati white rice for which shipping bills had been filed by the Petitioner and the rotation number had also been generated - Notification No. 20/2023 - purchase contracts executed by the petitioner prior to the Notification - HELD THAT:- Admittedly, the case of the petitioner does not fall in any of the above sub-paragraphs (i) to (iv) of para – 2 of the said Notification, meaning thereby, neither the loading of Non-Basmati White Rice on the ships commenced before the said Notification nor the ships already berthed or arrived at for the shipping bills filed by the petitioner nor the petitioner had handed over the consignments to the Customs before the said Notification nor any permission was granted by the Government of India to the other countries to meet their food security needs in the facts of the case. The aforesaid Notification No. 20/2023 was further explained by the Trade Notice No. 23/2023, whereby the DGFT, on receipt of the representations made from the Stakeholders including Customs Authorities clarified with regard to conditions (i), (ii), and (iii) of para – 2 of the said Notification as to whether all the three conditions are independent of each other or exporter has to fulfill all the conditions together and for that, the clarification was issued that all the three conditions are independent of each other and export is allowed in case of completion of any one of the conditions of para – 2 of the said Notification by the exporter. However, in the facts of the case, none of the conditions is fulfilled by the petitioner, and therefore, even the Notification No. 23/2023 would not be applicable to the facts of the case. The Hon’ble Delhi High Court, in the case of VI Exports India Private Limited [2024 (1) TMI 647 - DELHI HIGH COURT], dealt with the similar issue as to the issuance of writ of mandamus to the respondent for permitting the petitioner to export the Non-Basmati White Rice under the said Notification No. 20/2023, dismissed the writ petition. We are in complete agreement with the reasons assigned by the Hon’ble Delhi High Court, and therefore, in order to avoid duplication, the same are not reiterated., Thus, this petition petition is not entertained and is accordingly dismissed. Notice is discharged.
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