1990 (4) TMI 138

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....led a shipping bill through their clearing and forwarding agents M/s. Fracht Forwarders for export of costos roots. They were asked to file a no objection certificate from the Drug Controller as well as the Wildlife department for export of roots, as only the plants cultivated in private lands could be exported as per Import and Export Policy 1988-91. 3. The exporters produced no objection certificate from the Assistant Drug Controller. They have also produced subsequently the Legal Procurement Certificate (LPC) and the convention on the International Trade in endangered species of flora and fauna issued in the name of Himalayan Traders. 4. It was their submission that the appellants are the merchant exporters and had procured these f....

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....stated the facts correctly inasmuch as the aforesaid letter of Himalayan Traders and the aforesaid certificate No. 4/CC had been produced before the authorities. However the department's contention was that the certificate was in the name of Himalayan Traders and not in the name of the appellants and was therefore not acceptable. In the circumstances, the Addl. Collector has held the exporters guilty of an attempt to export illegally thereby attracting Section 113(d) and imposed the redemption fine and he had also imposed a personal penalty on the .......... 7. We find that the contentions of the learned counsel have a strong force. 8. Admittedly a legal procurement certificate No. 4 under the Convention of the International Trade ....