TMI Blog2017 (6) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... at the outset, the restriction imposed by law was violated by the importer and the persons and agencies connected with such import. Appellants deliberately imported the offending goods without the required permit and cleared the same. Accordingly that became smuggled goods in terms of section 2(39) of the CA, 1962 - restricted goods being imported without permit and such goods became smuggled goods, all the appeals are dismissed - decided against appellant. - C/733, 734, 735 & 778/07 - A/87362-87365/2017/CB - Dated:- 18-4-2017 - Shri D.N. Panda, Judicial Member And Shri C.J. Mathew, Technical Member Shri J.C. Patel, Advocate, Shri ND, George, Advocate And Shri Hemant Kakde, Advocate for appellant Shri C. Singh, Asst. Commr (AR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Department as per the procedure laid down in the Schedule annexed to this notification. Sd/- Chitra Gouri Lal) Joint Secretary to the Govt. of India (File No 109 - 6/2001-Trade) 2. Appellant importer and shipping Agencies plead that a Trade notice was issued by Commissionerate on the above subject on 10.03.2005 indicating that the restrictions were imposed by the Gazette of India. But import of meat was made prior to that date, Therefore the imports should not undergo confiscation and penalty. Added to this, samples were taken by Customs for testing. But nothing contrary was proved by Customs. On behalf of the importer, learned Counsel relied on the decision in the case of Shiv Kripa Ispat Pvtr Ltd. V. Commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Animal Husbandry and Dairying, Ministry of Agriculture Department of Agriculture and co-operation. Import of Wild Animal (including their pads and products) as defined in the Wild Life (Protection) Act 1972 is prohibited 4. All CHAs, Members of trade are required to strictly comply with the provisions of the extant laws regarding importation of livestock and livestock products wild animals. It is informed that importation of livestock/livestock products wild animals without quarantine clearance and without fulfillment of Exim Policy as applicable will not be allowed. Any difficulty in implementation should be brought to the notice of undersigned within seven days. Sd/- (Y.G. Parande) Commissioner of Customs, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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