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TMI Blog2018 (3) TMI 783X X X X Extracts X X X X X X X X Extracts X X X X ..... Regulation 6 (1)(I) of the Handling of Cargo in Customs Area Regulations 2009 - Held that: - the respondents shall draw representative samples of one(1) piece per variety. While drawing the samples, the customs house agent of the petitioner should be permitted to be present and after the samples are drawn, the same shall be sent to the approved laboratory for testing and on receipt of the test re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 19.09.2017, without taking into consideration Notification No.26/2015-20 dated 1.9.2017 and further direct the respondents to issue a demurrage cum container detention waiver certificate for waiver of container detention and demurrage charges, in terms of Regulation 6 (1)(I) of the Handling of Cargo in Customs Area Regulations 2009. 3. The Director General of Foreign Trade notification provide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which the same comes into force. Therefore, the first contention raised by the petitioner has to be rejected. This leaves us with only one issue as to whether the petitioner is entitled for release of the cargo. 4. Considering the effect of the recent notification which has been issued in public interest, that the cargo cannot be released without appropriate testing at the prescribed lab which f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The respondent/department is permitted to draw representative samples, which shall not exceed 15% of each variety of the cargo, which has been imported. In other words, the respondents shall draw representative samples of one(1) piece per variety. While drawing the samples, the customs house agent of the petitioner should be permitted to be present and after the samples are drawn, the same shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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