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2015 (10) TMI 1538 - DELHI HIGH COURT

2015 (10) TMI 1538 - DELHI HIGH COURT - 2015 (326) E.L.T. 110 (Del.) - Implementation of LOC Policy to restrict illegal import of items and exclude Almonds Almonds being brought to India from Pakistan are not the Almonds grown in Pakistan but Californian Almonds Revenue contests that Almonds are grown in and produced in Jammu and Kashmir and Pakistan Occupied Kashmir; thus allowed to be traded across LoC Specific complaint needed to be made rather than petition.

Held That:- Cour .....

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for R-1&2. Mr. Satish Kumar, Sr. Standing Counsel for R-3. ORDER 1. The petition is ripe for hearing. 2. The counsel for the petitioners however seeks adjournment on the ground that the senior engaged by the petitioners is engaged out station today. 3. The counsel for the respondent no.3 Ministry of Finance through Chairman, Central Boards of Excise and Customs states that the petitioners are unnecessarily keeping this petition pending and an official of the respondent no.3 travels from Poo .....

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of India and Ministry of Commerce, Government of India, the records have been perused and they have also been heard. 5. The three petitioners namely Association of Agro Importers, Indo Foreign Chamber of Commerce and Vipul Aggarwal have filed this petition, (i) seeking a direction to the respondents to take immediate steps and requisite measures to implement the Policy of Line of Control (LoC) trade and in particular take measures to ensure that items are not illegally imported in contravention .....

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two countries and to make available across the LoC commodities / items grown in the vicinity of LoC; (iv) with that object in mind, a list of items was prepared in which trade across the LoC is permitted and which list included Almonds; (v) however in the garb of trading Almonds across the LoC, Californian Almonds are being brought into India from Pakistan affecting the petitioners; and, (vi) Pakistan is not known much as an Almonds growing country and from the value of trade it is evident that .....

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s to be traded; (ii) Standard Operating Practices (SOP) for cross LoC trade were issued; (iii) no case has come to notice as yet of the said trade having been hijacked by unscrupulous elements; (iv) trade of Almonds is being allowed as per serial no.10 (Dry Fruits including walnuts) of Appendix-B to SOP; and, (v) Almonds are grown in and produced in Jammu and Kashmir and Pakistan Occupied Kashmir and are as such being allowed to be traded across LoC under the category of Dry Fruits and no third .....

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