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TMI Blog2020 (10) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... for Respondent No.2. P.C.:- 1. Heard Mr. Balani, learned counsel for the petitioner; and Mr. Jetly, learned senior counsel for the respondents. 2. On 17th September, 2020 we had passed the following order:- 1] Heard learned counsel for the parties. 2] By way of this Petition under Article 226 of the Constitution of India, Petitioner seeks quashing of order dated 22.07.2020 passed by the Respondent and for a direction to the Respondent to allow re-export of the goods i.e., clove covered by the bills of Lading dated 25.12.2019 and 21.01.2020. 3] Earlier Petitioner had approached this Court by filing WP-ASDB-LD-VC-NO.139/2020, which was disposed of vide order dated 03.07.2020 in the following terms :- 1 Heard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve, there is a violation of FSSAI Act in respect of Bill of Entry no.6476325 dated 14.01.2020. Hence, the same is a subject matter of adjudication by the Competent Authority after issuance of Show Cause Notice and Personal Hearing (if not waived in writing by the noticees). The request for reexport can be decided by the adjudicating authority. 8. As regards the other B/E no.6916774 dated 17.02.2020, though FSSI has granted No Objection Certificate (NOC), no final call can be taken till the report of PQ authorities is received. 9. In view of the above, your request regarding re-export of the subject goods cannot be entertained at this stage till the requirements, as detailed above are fulfilled. Accordingly, your representation dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 84,50,085/- imported vide two Bills of Entry No. 6476325 dated 14.01.2020 6916774 dated 17.02.2020 under provisions of Section 111(d) of the Customs Act, 1962. However, on specific request of the noticee/ importer and the supplier, I give an option to the owner M/S PT. Paracha Imprex, Indonesia (through his agent M/s AI Huda Enterprise (IEC-0316915505) to redeem the goods, only for re-export purpose on payment of redemption fine of ₹ 5,00,000/- (Rupees Five lacs only) under section 125 of the Customs Act, 1962. 19.2 I impose a penalty of ₹ 1,00,000/(Rupees One lac only) on importer M/s Esjaypee Mercantile Global Private Limited (IEC-AAFCE1578H) under Section 112(a) of Customs Act, 1962. 20. This order is issued ..... X X X X Extracts X X X X X X X X Extracts X X X X
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