2012 (4) TMI 633

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..... Black Mtape of Mayanmar Origin weighing about 239.861 MT imported by the petitioner into India through the Haldia Port under Bill of Entry No. 5085784 dated 2nd November, 2011. Almost six months having elapsed, this Court is not inclined to pass any interim order at this stage. This Court deems it appropriate that the writ petition should be finally disposed of upon affidavits. In any case, the .....

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..... s also not possible to decide whether the consignment can be cleaned or sorted out to bring the same to conform to standards, as contended by the petitioner. The petitioner has not clearly indicated where such sorting out or cleaning would be done. There is not a whisper in the petition of whether there are facilities for such cleaning/sorting within the customs area, where the goods might now be .....

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..... ssion of the Counsel appearing on behalf of the Authorized Officer, Food Safety and Standards Authority of India, that removal of the foreign body was permissible. In this case, the Authorized Officer has neither appeared nor supported the case of the petitioner. The Court had no occasion to consider whether the question of feasibility of removal of foreign matter within the customs area. The orde .....

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