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TMI Blog2008 (5) TMI 438X X X X Extracts X X X X X X X X Extracts X X X X ..... ignments on various dates in the month of January 2008. 2. Export of non-Basmati rice, however, was prohibited under a notification datedOctober 15, 2007. Thereafter, however, certain relaxation was made permitting such export in the event the minimum export price was more than US $ 425 per ton FOB, which is equivalent to Rs. 17000/- per ton. This notification was issued onDecember 12, 2007. Thereafter, there has been subsequent Notifications effecting variation in the minimum export price, which has been enhanced from time to time. 3. The petitioners, in the present writ petition rely on a notification issued onApril 1, 2008, in which such ban has been relaxed in cases of rice consignments certified by the Customs authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d customs station is situated. But because the customs authorities do not have storing or parking space, they had to be kept in their own godowns near to the land customs station. 6. Ms. Qureishi, learned counsel for the respondents, on the other hand submits that to get the benefit of the impugned notification, the goods must actually be certified to have been received beforeMarch 6, 2008by the customs authorities and mere lodging of the documents would not be sufficient. 7. Having heard the learned advocates appearing for the parties, prima facie I am not satisfied that the petitioners are entitled to the benefit of the notification ofApril 1, 2008. A plain reading of clause 2.2.2 suggests that the rice intended to be exported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the rice was brought into the godowns of Kankinada city tillOctober 10, 2007. In the light of the certificate issued by the District Collector, an interim order was passed permitting the petitioners to export the rice in question upon the petitioners giving an undertaking to the Director General of Foreign Trade that the petitioners shall, compensate at a later point of time. However, there is substantial difference-between the respective clauses in the two notifications. The one on the strength of which the petitioners are seeking interim order in the present writ petition, specifically stipulates that the consignment of rice must have been accepted for export tillMarch 6, 2007in the land customs station inWest Bengal. 9. Under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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