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2009 (12) TMI 231 - MADRAS HIGH COURTEXIM-Metal scrap imports- Mettalic waste and scrap in unshredded and compressed form and metal scrap in loose form imported. DGFT Public Notice No. 18/2004-09, dated 21.10.2004 requiring pre-shipment inspection certificate applicable to present case. Requirement of proper certificate in public interest and to avoid import of arms and ammunitions. Goods shipped after 15.10.2004 in all impugned imports. Department to decide whether pre-shipment inspection certificate produced from branch office of specified agency is per FTP and Custom Circular. Goods already provisionally cleared based on High Court order and customs entitled to finalise provisional assessment and take action as per Custom Act, 1962. Relief sought for non-implementation of DGFT Policy Circular No. 19/2004-09, dated 18.02.2005 premature and misconceived and cause of action not arisen. Injunction granted before, vacated. DGFT Policy Circular No. 19/2004-09, dated 18.02.2005 stated as not applicable for goods shipped before 18.02.2005 and requirements of C.B.E.& C. Circular No. 56/2004-Cus, dated 18.10.2004 complied with. Commerce Ministry’s circular misread with Customs Circular by petitioner. Duty of Customs Department to inspect goods ministry. Importer required to satisfy requirements of circular issued by Commerce Ministry during Customs clearance.
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