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M/s Rose Traders Versus The Commissioner of Customs And Others

2016 (3) TMI 35 - MADRAS HIGH COURT

Seeking direction to draw fresh samples from the consignment- Import of wet Dates- Cleared by the first respondent but denied by the second on mere visual inspection, without sending goods for laboratory examination- Held that: Without laboratory tes .....

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ng the Origin Certificate to the authorities for consideration. Also, respondents are directed to consider the claim of the petitioner on the basis of report of Laboratory Authorities, for earlier release, by taking note of the recommendations of the .....

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ohideen Gisti , Mr. Yaseem Ali ORDER These writ petitions have been filed by the petitioner seeking a direction to the second respondent to draw fresh samples from the consignment covered under Bill of Entries bearing B.E.No.3530613 and B.E.No.353048 .....

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learance of the perishable goods imported by the petitioner. 2. The petitioner company has been importing wet Dates from Gulf countries for six years and reselling it, after repacking. They imported Wet Dates from Royal Link International LLC, Dubai .....

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under Bill of Entry No.3421467, dated 30.11.2015. The remaining eight containers containing Dates were imported under Bill of Entry No.3430485 and 3530613, dated 09.12.2015. After getting clearance from the first respondent, the petitioner was waiti .....

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espondent to collect samples and forward the same to the laboratory for testing. Since the petitioner has been incurring demurrage charges and the goods imported, namely, Dates, being agricultural product, are perishable in nature, the petitioner is .....

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ernment of India, inspected the goods on 16.12.2015 and issued certificate recommending release of the goods on 18.12.2015 and thereafter only the petitioner made the representation dated 21.12.2015. The petitioner also submitted a reminder on 31.12. .....

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y not be suitable for human consumption. 5. On the other hand, learned counsel for the petitioner submitted that without any laboratory test, by mere visual examination, it cannot be stated that the goods are unfit for human consumption. 6. Consideri .....

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