9911796707
TMI Blog2010 (10) TMI 1047X X X X Extracts X X X X X X X X Extracts X X X X ..... <![endif]--><!--[if gte mso 10]> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ual user condition besides other applicable conditions of import licence.? 4. The Petitioner states that before importing the three horses from Austria and Germany, he checked up with Respondent department and came to know that in the previous six months, many horses had been imported from the said two countries. He has also referred to instances where imports of horses from Austria and Germany accompanied by the health certificates issued by one Dr. H.J. Erdmann of Austria were permitted. 5. The Petitioner also obtained certificates from Dr. Erdmann for the three horses imported by him. The Petitioner filed a bill of entry, paid the custom duties assessed and was permitted clearance by the Customs Department. The three horses arrived ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es have been accepted by the QO even as recently as in January 2010. The Petitioner has made several allegations, in the writ petition as well as in the rejoinder, that the QO demanded bribes and favours for granting clearance. It is alleged that the impugned order was an instance of malice in law. Thirdly, it is submitted that the Petitioner has had the three horses, which are still in quarantine, tested as to their health status. They have been certified as not having any communicable diseases. They have been certified to be in perfect health. It is accordingly submitted that there should be no difficulty in permitting the horses to be brought into the country. Fourthly, it is submitted that the objection that horses were imported from Au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Court is unable to agree with the contentions of Mr. Sandeep Sethi, learned Senior counsel for the Petitioner. As long as the place of origin of the three horses imported by the Petitioner is Austria, the essential condition of the import licence that the three horses should be from Australia, cannot be said to be satisfied. The certificates accompanying the three horses show that their place of origin is Austria. This fact cannot change merely because three horses are registered with the Australian Warmblood Horse Association Limited. With the essential condition of the import licence not satisfied in the instant case, it is not possible for this Court to direct the Respondents to allow three horses in question to enter the country. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, such request will be considered on merits by the Respondents in accordance with law uninfluenced by the present instance of import of the three horses from Austria. However, this is subject to the condition that the Petitioner should clear the demurrage charges payable to the applicant in CM Application No. 13564 of 2010 Mr. Sethi assures, on instructions, that the Petitioner will pay the demurrage charges within next two days. 16. With the above observations, this writ petition is dismissed. The interim order dated 27th September 2010 stands vacated. CM Nos. 13043 of 2010, 13565 of 2010 are dismissed. CM No. 13564 of 2010 by Celebi Delhi Cargo Terminal Management India Private Limited is disposed of in the above terms. - - TaxTMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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