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of <h1>Supreme Court denies provisional clearance for imported Canadian Green Peas, upholding safeguarding measures.</h1> <h3>SOMASUNDARAM Versus COMMISSIONER OF CUSTOMS</h3> SOMASUNDARAM Versus COMMISSIONER OF CUSTOMS - 2021 (375) E.L.T. 104 (Ker.) Issues:1. Validity of import of Canadian Green Peas under a restricted notification.2. Request for provisional clearance of imported goods pending Supreme Court's consideration of the legality of the notification.Analysis:Issue 1: The petitioner holds a valid import export code for food grains and cereals, importing Canadian Green Peas under a restricted notification. The notification imposes strict conditions on ports and minimum import price. The Supreme Court has transferred similar writ petitions challenging the notification. The petitioner seeks provisional clearance of goods pending the Supreme Court's decision. The court notes the lower import price compared to the minimum stipulated, which would undermine the notification's objective of safeguarding the domestic industry. The court denies the provisional release, considering the pending challenge before the Supreme Court and the interdiction against High Courts from deciding on the notification's legality.Issue 2: The court rejects the petitioner's request for exceptional treatment, citing the Supreme Court's interdiction on High Courts from considering the notification's legality. Despite the petitioner's reliance on a Supreme Court decision in a different case, the court finds it irrelevant to the current situation. The court dismisses the writ petition, emphasizing that the issue is under the Supreme Court's consideration in transferred writ petitions from various High Courts, and the petitioner cannot seek relief from the High Court in contravention of the notification.
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