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TMI Blog2018 (10) TMI 1084X X X X Extracts X X X X X X X X Extracts X X X X ..... ced and transported to Kerala for export. Held that:- While exporting, the exporter not only has to be concerned with the Customs Act but he must also adhere to other prohibitory laws like the MMDR Act, The Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011 . Merely because export of a particular product is permitted freely under the Foreign Trade Policy and the Foreign Trade (Development and Regulation) Act , the export of any item in violation of other prohibitory laws, cannot be permitted by court - In any case, it is not a case of total ban on export imposed by the authorities but when the exporter is able to satisfy the legal source of the mineral to be exported, he is at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent is represented by Sri. C. Manisankar, the learned Additional Advocate General, Tamil Nadu, duly assisted by the learned Government Pleader, Sri.T.N.Rajagopalan and Sri.K.Krishnamoorthy. The Customs Authorities are represented by Sri. Sreelal Warrier, the learned counsel. 2. The appellant is the writ petitioner. He challenges the judgment dated 26.7.2018 whereby W.P.(C) No.650 of 2017 was dismissed by the learned Single Judge. The challenge before the writ court was to the Exts.P2 and P3 orders of the Commissioner of Customs, Cochin, whereby the exporter was directed to produce the certificate/documents to show the legitimacy of the source for Beach Sand Minerals and Natural Garnet brought to Cochin Port for export by the writ pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the restriction imposed on a freely exportable item should have been quashed by the learned Single Judge. The petitioner contends that the Custom Authorities at Cochin Port should not have acted on the direction issued by the Deputy Collector, Thirunelveli as Natural Garnet is a freely exportable item. The learned counsel refers to the relevant provisions of the Customs Act, 1962 to argue that the restriction on export of the item, cannot be permitted by law. The petitioner had moved around 3107 MT of Natural Garnet through the Cochin Port. The balance quantity of the exportable item is now lying in the warehouse and they are scheduled for export. 5. The Deputy Commissioner, Thirunelveli, Tamil Nadu, on the other hand, averred that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... noticed in the Tuticorin and other Districts of Tamil Nadu and steps were taken for stopping the illegal operations and issuance of Transit Passes for transportation of Garnet and other products. It is projected that the State Government have constituted District Level and Taluk Level Committees to look into the complaints of illegal mining of Beach Sand and transportation thereof, so that the violators can be penalised. 7. What can be seen from the impugned judgment is that the Madras High Court has prohibited the petitioner from operating their units and the resultant challenge in W.P.(MD) Nos.19755 and other connected petitions are being heard on a day -to-day basis in the Principal Bench of the Madras High Court. It is also relevant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m in violation of other prohibitory laws, cannot be permitted by court. 10. In any case, it is not a case of total ban on export imposed by the authorities but when the exporter is able to satisfy the legal source of the mineral to be exported, he is at liberty to export them. In fact, it is the specific case of the learned counsel for the petitioner that all the items awaiting for export have been sourced through legal operations. If that be the case, if the petitioner can satisfy the authorities about the legitimate source of the minerals, they can carry on with their export activities without any hindrance. 11. We find that the learned single Judge has considered all the above aspects and noted that the custom authorities have issu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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