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TMI Blog2023 (10) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... is also not in dispute that the VCN Export Number as well as the rotation number was allotted by Port Authority on 18.07.2023. The condition no.(ii) of para 2 of the notification no. 20 of 2023 stands fulfilled and the interpretation of the respondent no. 2 authority that the vessel ought to have arrived in India for the purpose of export and ought to have berthed prior to 20.07.2023 is not the case as the vessel had arrived in India prior to 20.07.2023 and it has anchored in two Indian Ports namely at Kandla Port on 11.07.2023 and at Bhavnagar Port on 14.07.2023, it is not necessary that the vessel ought to have arrived at Indian Port for export of the cargo coupled with the fact that the Voyage Call Number as well as the rotation number was issued for berthing of the said vessel for export of the cargo on 18.07.2023 i.e. prior to issuance of prohibitory Notification No. 20 of 2023 dated 20.07.2023. The respondent No. 2-authority ought to have permitted the petitioners to export the cargo of the remaining 13,500 metric tons of Non-Basmati Rice with regard to ten shipping bills which were already filed prior to issuance of notification no. 20 of 2023 dated 20.07.2023. The responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00 MTs of Non-Basmati Rice. 4. By this petition the petitioners have challenged the action of the respondent nos. 2 and 3 for not permitting the petitioner to export of Non-Basmati Rice from Kandla Port. 5. The petitioners have received orders from one M/s Ranima Commodity FZC of Mozambique for supply of Non-Basmati Rice against advance payment of total quantity of 55,000 metric tons in the month of June and July, 2023. 6. The petitioners brought varying consignments of Non-Basmati Rice and stored at warehouses outside the area of Kandla Port as there was no storage facility available within the port premises. 7. It is the case of the petitioners that 46 shipping bills for total quantity of 55,000 metric tons of rice have been submitted to the customs authority through EDI System before 20.07.2023. The respondent no. 2 accepted all the shipping bills on the system and acknowledgement numbers were also given. 8. The Respondent no.3-Director General Foreign Trade (for short DGFT) by notification vide notification no. 20 of 2023 prohibited the export of Non-Basmati Rice with effect from 09.57 p.m. on 20.07.2023 but export of consignments in transit were allowed under the said notifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 000 metric tons of coal at Kandla Port, the vessel sailed to Bhavnagar for discharging 25,000 metric ton of coal at Bhavnagar Port on 14.07.2023. 15. It was submitted that since the vessel was to return to the Kandla Port for loading cargo of rice of the petitioner, the Kandla Port Authority allotted rotation no. 27727 on 18.07.2023 for Kandla Port for loading export cargo of rice. It was submitted that however, the vessel returned to Kandla Port on 26.07.2023 for loading of export cargo of remaining 13,500 metric tons of rice and therefore the respondent no. 2-authority did not permit the export of cargo in view of the notification no. 20 of 2023 whereby the export of Non-Basmati Rice is prohibited. 16. Learned advocate Mr. Dave therefore submitted that in fact the vessel has arrived on Indian Port on 11.07.2023 and thereafter sailed at Bhavnagar Port on 14.07.2023. It was also pointed out that Voyage Call Number (VCN) was also allotted by the Authority on 18.07.2023 and the Port Authority allotted the rotation number for berth of the vessel for loading of the cargo also on 18.07.2023 which was prior to 20.07.2023 and therefore the condition no. 2(ii) of the notification no. 20 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... condition no.(ii) of Para 2 of Notification No. 20/2023 dated 20.07.2023 clearly stipulates that loading in vessels will be issued only after confirmation by the concerned Port authorities regarding anchoring/berthing of the ship for loading of Non Basmati rice prior to the notification. As per the port authorities the vessel berthed on 26.07.2023 for loading export cargo which is later than 20th July 2023, the condition stipulated in DGFT notification no 20/2023 dated 20.07.2023. Copy of the email from the email dated August 1, 2023 from the Port Authority submitting that entry and anchorage of the concerned vessel on the port was on 26/7/2023 (Annexure R1). Further, copy of the note marked by the port authority submitting that the concerned vessel entered the port on 26/7/2023 to load goods (Annexure R2). (11) The Petitioner had filed shipping bills pertaining to 55,000 MTs of Non Basmati Rice and wherever the goods were falling in exception, they have been allowed to be exported, however, where the goods for the purposes of exports do not fall under the exceptions / relaxations provided under the said notification, shipping bills of such goods cannot be allowed to be processed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed and the vessels have already berthed or arrived and anchored in Indian ports and their rotation number has been allocated before the notification then the approval of loading in such vessel will be issued after confirmation by the concerned Port Authorities regarding anchoring/ berthing of the ship for loading of Non-Basmati Rice prior to the notification, whereas applying this condition to the facts of the case it is not in dispute that the vessel M.V.KEN COLON arrived Land Anchored in Indian Port (Kandla) on 11.07.2023 and it sailed to Bhavnagar Port on 14.07.2023 for unloading of coal and returned to the Kandla Port for loading of the export cargo of the petitioners on 26.07.2023. It is also not in dispute that the VCN Export Number as well as the rotation number was allotted by Port Authority on 18.07.2023. Therefore in our opinion the condition no.(ii) of para 2 of the notification no. 20 of 2023 stands fulfilled and the interpretation of the respondent no. 2 authority that the vessel ought to have arrived in India for the purpose of export and ought to have berthed prior to 20.07.2023 is not the case as the vessel had arrived in India prior to 20.07.2023 and it has anch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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