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TMI Blog1989 (9) TMI 261X X X X Extracts X X X X X X X X Extracts X X X X ..... d List under the category Life Saving Equipments . The haemometer imported by the appellant and described as Blood cell separator is intended for measuring the haemoglobin content of the sample of the blood. The Collector has held that the haemometers valued at Rs. 1,29,007/- under importation under O.G.L. cannot be held to be Blood cell separators and confiscated the same in the absence of a valid import licence, under Section 111(d) of the Customs Act, 1962 read with Section 3(2) of the Imports and Exports (Control) Act, 1947 and allowed the redemption of the same on payment of a fine of Rs. 1.3 lakhs. 2. The learned Advocate for the appellant Shri Balani pleaded that the goods imported are known as Blood cell separators in trade parla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... od sample by addition of Hydrochloric acid which causes separation of the blood colour. He fairly admitted that no separation of cells of the blood as such takes place and only the colouring portion of the red blood cells gets dissovled for ascertaining the haemoglobin level of the blood by colour comparison. Regarding the redemption fine levied by the Collector, he pleaded that it appeared to be on the high side but he had no evidence or material to substantiate that taking into the market value of the goods, the same was excessive. 3. The learned Senior Departmental Representative for the Department pleaded that even before the lower authority the appellant did not establish that the goods are blood cell separators. The Collector has al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... does not show that it is a blood cell separator. The appellants are in the medical field and it is not understood how they could construe the Haemometer under importation could be a Blood cell separator when admittedly there is no separation of blood cells at all involved in the use of Haemometer. In our view it is a clear case wherein flagrant disregard of the description as set out in the Import Policy, the appellants have gone ahead to import the item, Haemometer under the guise of Blood Cell Separator. The list provides for import of certain life saving equipments under O.G.L. to ensure the availability of modern Medical Technology for the citizen of this country notwithstanding the expenditure of scarce foreign exchange resources of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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