2008 (9) TMI 362

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..... ficial policy cannot be taken lightly or waived. - we find that the Appellants have taken the necessary steps to obtain the PSI certificate as required under the law and it was beyond their control that the said certificate could not be obtained. We also take into account of the fact that on 100% examination, nothing objectionable was found in the consignment of the Appellants. Hence, while uphold .....

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..... se Order prior to October, 2004 and since China had no PSI Agency, PSI certification could not be obtained before the impugned goods were imported. He states that the impugned goods were subjected to 100% examination after importation, but nothing objectionable was found in the consignment nor any misdeclaration was detected as a result of such thorough examination. Shri Majumder, learned Advocate .....

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..... by the Government in the public interest to curb importation of bombs, explosives etc. in the consignment of scrap, as there has been already some incidents of explosion and death of persons involved in handling of scrap. Hence, the requirement of the beneficial policy cannot be taken lightly or waived. 5. However, in the instant case, we find that the Appellants have taken the necessary steps .....

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