Conditional release of imported peas upheld where the bill of lading fell within the protected import-policy window.

Imported peas covered by a bill of lading dated within the protected window under the relevant import policy notifications were treated as eligible for release, especially where the contract and advance payment pre-dated the restrictive notification. The Court followed its earlier approach in similar matters and held that conditional release could be granted on payment of duty, where leviable, and on furnishing a bank guarantee, while preserving the authorities' liberty to proceed in accordance with law.

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Issues: Whether the imported consignment of peas was entitled to release in view of the import policy notifications and the bill of lading date, and whether such release could be ordered subject to conditions.

Analysis: The petitioner had entered into the contract and made advance payment before the restrictive notification, and the consignment was covered by a bill of lading dated 06.10.2018, which fell within the extended period recognised by the Court. The restriction under the import policy was treated as operating during the relevant period, but the Court followed its earlier directions in similar matters and noted that consignments covered by bills of lading within the protected window were liable to be released. The nature of the goods, the admitted factual matrix, and the earlier orders granting conditional release supported relief, while the respondents' liberty to proceed in accordance with law was preserved.

Conclusion: The consignment was directed to be released, subject to payment of duty where leviable and furnishing of a bank guarantee, and the writ petition was allowed.

Final Conclusion: The petitioner obtained substantive relief for release of the imported consignment, but the release was made conditional and without prejudice to lawful proceedings by the authorities.

Ratio Decidendi: Where an import consignment is covered by the protected bill of lading period recognised under the relevant trade-policy notifications and the surrounding facts justify equitable relief, the Court may direct conditional release of the goods while leaving the authorities free to proceed in accordance with law.

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