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TMI Blog2022 (5) TMI 816X X X X Extracts X X X X X X X X Extracts X X X X ..... ectively are directed to assess the bills of entry for import of Hexane and permit clearance for home consumption of Hexane or for warehousing, as the case may be, subject to the aforesaid terms and conditions. It goes without saying that this interim arrangement shall be subject to the final outcome of the writ applications - Post this matter on 03.08.2022. - R/SPECIAL CIVIL APPLICATION NO. 8260 OF 2022, 8265 OF 2022, 8289 OF 2022, 8370 OF 2022, 8395 OF 2022, 8626 OF 2022 AND 8647 OF 2022 - - - Dated:- 5-5-2022 - HONOURABLE MR. JUSTICE J.B.PARDIWALA AND HONOURABLE MS. JUSTICE NISHA M. THAKORE MS. DIMPLE K. GOHIL WITH MIHIR JOSHI, LEARNED SR. COUNSEL WITH RAMNATH PRABHU WITH VIPIN JAIN FOR THE PETITIONER MR NIKUNT K RAVAL AND ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cal for the Industrial purpose and if this very same Hexane Liquid Chemical is to be utilized for Food Grade purpose then some legal formalities are to be completed. The argument of Mr. Joshi is that once the Hexane Liquid Chemical is imported for Industrial purpose, it shall be utilized for Industrial purpose only. 5. The argument of Mr. Priyank Lodha and Mr. Nikunt Raval is that what has been imported in the name of Hexane Liquid Chemical, to be utilized for Industrial purpose, is actually Hexane Liquid Chemical for Food Grade purpose. The two learned Standing Counsel tried to submit that there are two different products; (1) Hexane Liquid Chemical for Industrial purpose and (2) Hexane Liquid Chemical for the purpose of Food Grade. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued by this Court. The affidavit of Dr. Manon Nagariya reads thus: (1) 1, Dr. Manon Nagariya, working as Chemical Examiner Gr. II at Central Excise Customs Laboratory, Vadodara, having my office at Vadodara , on behalf of the answering Respondents, do hereby solemnly affirm and state as under: (2) I have perused the order dated 2/5/2022 passed by this Hon ble Court in Special Civil Application No. 8260 of 2022 and other allied matters, wherein this Hon'ble Court has directed CRCL, Vadodara to file an affidavit along with test reports and in furtherance of the same, I am filing this Affidavit. (3) It is submitted that we were in receipt of letters from the Office of the Commissioner of Customs, Kandla, for testing of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de. It is not that the product imported cannot be used for industrial purpose. It can be used for industrial purpose, but in view of the specific report of the laboratory, it could be said that keeping in mind the DGFT, policy, what has been imported is Hexane Food Grade. 6. We should not overlook the fact that there are 7 importers before us. The total value of the entire consignment comes to around Rs. 240 Cr. The total quantity of the Hexane, which has not been processed till this date comes to around 27,000 Metric Tones. 7. We are of the view that we should pass an interim order for release of the consignment subject to the certain terms and conditions: (i) The writ applicants shall ensure that the Hexane, which they have impor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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