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TMI Blog2016 (4) TMI 788X X X X Extracts X X X X X X X X Extracts X X X X ..... import of Ethephon from China. Similarly, the registration certificate dated 10.02.1992 was also issued only for indigenous manufacture. When both the documents relied upon by the petitioner pertain to the indigenous manufacture only, the same cannot be pressed into service by the petitioner for importing Ethephon from China. The petitioner's contention that it has been importing Ethephon since 1991 cannot be accepted as a ground for permitting them to import Ethephon insecticides, without following the mandatory provisions of the Act. It can only be said that the petitioner Company have managed to import Ethephon all these years. As stated above, that cannot be a ground for directing the respondents to release the consignment. In the abse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 9(4) of the Act in respect of Ethephon vide registration dated 01.07.1991 and one more registration in February 1992. 2.3. Thereafter, the petitioner applied to the Directorate General of Foreign Trade for a certificate of registration of Export-Import and obtained the same. Therefore, according to the petitioner, they are eligible to freely import all goods which are available for import under the Export-Import Policy of the Government of India. 2.4 Further, according to the petitioner, since there is no ban on import of Ethephon, the petitioner commenced the importation of Ethephon from a source in China which was selling the same at a competitive price. Dccording to the petitioner, since 1997, the petitioner has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the pesticides. 4. The 2nd respondent in his counter has stated that the certificate produced by the petitioner is not sufficient for the import of Ethephon and that the said certificate is meant only for the manufacturing purpose. Therefore, the import of Ethephon from China by the petitioner cannot be permitted. 5. Heard the learned counsel on either side and perused the materials available on record. 6. On a careful consideration of the materials available on record and the submissions made by the learned counsel on either side, it could be seen that the insecticide viz., Ethephon was imported by the petitioner from China. For the release of the Pesticides, a registration certificate under Section 9(4) of the Act is necessary. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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