9911796707
TMI Blog2009 (3) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Petitioner. Mr. R.M. Chhaya for the Respondent. JUDGMENT JUSTICE D. A. MEHTA - The petition is taken-up for final hearing and disposal today considering the scope of controversy. Rule. The learned Counsel appearing for the respective respondent authorities are directed to waive service. 2. This petition challenges seizure effected on 05.02.2009 by respondent No.4 Authority, as being illegal and not warranted by law with a further prayer to direct the respondents to assess the Bill of Entry and permit clearance of goods in accordance with the licence issued to the petitioner. 3. The petitioner is a proprietary concern engaged in weaving of grey fabrics from raw material in the form of Polyester Filament Yarn and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to import such restricted goods it could not have entered into an agreement of sale on high seas with the petitioner. It is this action which is under challenge in the present petition. 5. Heard learned Advocate appearing for the petitioner. It was submitted that the petitioner had not violated any of the conditions of either Export Import Policy 2004-2009 or any provisions of the Customs Act, 1962. It was further submitted that even the conditions attached to the licence are not shown by the respondents to have been violated by the petitioner so as to entitle the respondent authorities to act in the manner that they did. 6. Learned Counsel appearing on behalf of respondent No.4 Authority reiterated the facts and submitted that w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at Delhi, requesting clarification whether M/s. Surya Exims can enter in import or trade of PFY after issuance of the above said Notification. The Deputy Director General of Foreign Trade, New Delhi vide their letter F. No.01/89/180/46/AM09/PRC-PC-II(A) Pt.dtd.06/02/2009 clarified that 'this matter does not fall within the purview of this office. Customs authorities may take a decision based on their own provisions relating to high sea sale." 8. Thus, it becomes clear that the Directorate General of Foreign Trade, New Delhi has categorically stated that the transaction in question does not fall within the purview of the said office which, in other words, means that there is no violation of any provisions of the Exim Policy or the cond ..... X X X X Extracts X X X X X X X X Extracts X X X X
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