TMI Blog2008 (5) TMI 438X X X X Extracts X X X X X X X X Extracts X X X X ..... Qureishi, Counsel, for the Respondent. [Order]. The Court : In this writ petition, the petitioners pray for a direction to permit the Customs authorities to allow certain consignment of rice to be exported toBangladesh. The variety of rice sought to be exported is described as non-Basmati rice and the petitioners claim to have lodged the bills of export with the invoice-cum-packing list of such consignments on various dates in the month of January 2008. 2. Export of non-Basmati rice, however, was prohibited under a notification datedOctober 15, 2007. Thereafter, however, certain relaxation was made permitting such export in the event the minimum export price was more than US $ 425 per ton FOB, which is equivalent to Rs. 17000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Advocate appearing for the petitioners, has argued that lodging of such export documents and packing list satisfy the requirement of above-referred clause 2.2.2 and hence the petitioners should be allowed to export such rice in terms of the said notification. His additional submission is that the goods in question had reached the concerned location where the land customs station is situated. But because the customs authorities do not have storing or parking space, they had to be kept in their own godowns near to the land customs station. 6. Ms. Qureishi, learned counsel for the respondents, on the other hand submits that to get the benefit of the impugned notification, the goods must actually be certified to have been received beforeMarc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on November 30, 2007 that the writ petitioners had brought the rice in question to Kankinada city before October 10, 2007 and kept in different godowns in that city for export to Bangladesh/African countries. In this notification, the condition precedent for applying the relaxation clause was that the certificate should have been issued to the effect that the rice was brought into the godowns of Kankinada city tillOctober 10, 2007. In the light of the certificate issued by the District Collector, an interim order was passed permitting the petitioners to export the rice in question upon the petitioners giving an undertaking to the Director General of Foreign Trade that the petitioners shall, compensate at a later point of time. However, ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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