2018 (5) TMI 1970

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..... the Respondent. ORDER The appellant imported 1000 kgs. of goods declared as "Mari Gold Seeds" and filed bill of entry No. 5094150, dated 3-11-2011. The goods were accompanied by two Psyto Sanitary Certificates both dated 25-10-2011 from Port of Export in China certifying that the goods imported were free from Quarantine Weed Seeds. However, when the goods were examined by the Plant Quarantine a .....

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..... ed in Plant Quarantine (Regulation of Import into India) Order, 2003; and (ii)    The appellant vide their letter dated 16-11-2011 had requested for re-export of the imported seeds to China. The adjudicating authority has referred to the same letter but has presumed that the appellant had waived the issue of show cause notice and PH and ordered confiscation in violation of the pri .....

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..... ibid. Consequently, we find no infirmity in the order of the adjudicating authority in ordering confiscation of the goods and the same is upheld. 4. The appellant has argued that vide their letter dated 16-11-2011, they have only applied for permission for re-export but did not waive the issue of show cause notice and PH. But the fact remains that the appellant was aware of the fact that the .....

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