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Importer Successfully Appeals Seizure of Novaluron Goods, Wins Right to Re-Export Without Penalties Under Insecticides Act

CESTAT allowed appeal for re-export of seized goods involving Novaluron, finding the original detention order unsustainable. The Tribunal determined that the importer demonstrated bona fide intent by proactively communicating with the foreign supplier upon goods detention. Since the goods were restricted and lacked mandatory registration under Insecticides Act, re-export was deemed appropriate. The Tribunal specifically directed Customs, Noida to permit unconditional re-export of the consignment, emphasizing that no redemption fine, penalty, or duty was required. The decision underscored the principle of distinguishing between restricted and prohibited goods while protecting potential environmental implications of prolonged detention. .....

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