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TMI Blog2023 (12) TMI 1082X X X X Extracts X X X X X X X X Extracts X X X X ..... y the petitioner, which have been detained and not released by the respondents, on the ground that Notification No. 5/2023 has been issued, which caps the minimum price of apples for import at Rs.50/- per kg. 3. The contention as urged by the petitioner is that the import in question and subject matter of the present proceedings is exactly at Rs. 50/- per kg. and hence the said notification, which is sought to be foisted on the petitioner, is not applicable. 4. Learned counsel for the petitioner would also submit that similar issue had arisen before the Kerala High Court in M/s. Indusina Exim LLP vs. Union of India & Anr. Writ Petition No. 22281 of 2023 dated 11 July, 2023, who had also imported apples and had challenged the said notifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re does not seem to be justifiable release to detain the goods. In the light of these facts, it would be in the interest of justice that the petition be allowed in terms of prayer clause (1). 7. We, therefore, direct Respondent to provisionally assess the Bill of Entry No. 8733339 within a period of four days from today and release the goods on the petitioner furnishing the bond." 7. We may also observe that the revenue had filed a Review Petition No. 107 of 2023 praying for review of the aforesaid order dated 8 December, 2023, which came to be rejected by a detailed order dated 14 December, 2023 passed by this Court. 8. Mr. Mishra, learned counsel for the respondent has opposed this petition on the ground that the petitioner has waiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been stayed. We have not been pointed out any judgment which takes a contrary view in regard to the notification in question. We have also not been pointed out that the stay of the said Notification as ordered by the Kerala High Court has stood vacated. The order passed by the Kerala High Court on the said notification, would apply in respect of imports of apples by traders throughout the country considering the settled principles of law as laid down by the Supreme Court in M/s. Kusum Ingots and Alloys Ltd. vs. Union of India & Anr. (2004) 6 SCC 254. 11. In the aforesaid circumstances, considering that the imports are perishable in nature, we are inclined to allow this petition in terms of the following order: O R D E R (i) We direct t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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