9911796707
TMI Blog2006 (11) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... ena, DR, for the Respondent. [Order]. - Heard both sides and perused record. 2. These appeals are directed against confiscation of melting scraps imported by the appellant. The ground for confiscation is that importer did not produce Pre-shipment Inspection Certificate as required and Public Notice dated 18-10-04 of the Ministry of Commerce. 3. The contention of the appellant is tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods which were loaded on or before 25-10-04 : 3. The metal scrap may be divided in two categories, namely :- (i) Category-1 : Scrap which has already landed in India and that which has not yet been cleared from a customs port, ICD/CFS or LCS, (ii) Category-2 : Scrap which is to be loaded for shipment to India after 25-10-2004. 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equisition the services of the local police for their advice/guidance or presence during the physical examination of the scrap. The cost, if any for requisitioning the services of the police or para-military forces would be borne by the importer-manufacturer. The Ministry of Home Affairs have already written to the Chief Secretaries/Home Secretaries of all States and UTs vide their fax message No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tificate was not required in these cases. Therefore, their confiscation for want of Pre-shipment Inspection Certificate is not sustainable. The case is also covered between the parties under the aforesaid order of the Tribunal. 6. In the result, the impugned orders of confiscation are set aside and the appeals are allowed with consequential relief to the appellant. (Dictated and pronounced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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