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2013 (9) TMI 288

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....MENT Per: M.V. Ravindran: This Stay Petition and appeal are filed against Order-in-Appeal No.57/2012/Cus/Commr(A)/KDL, dt.30.07.12. 2. After hearing both sides for some time, we find that that the appeal itself could be disposed at this juncture. Hence, we dispose the Stay Petition and take up the appeal for disposal. 3. The issue involved in this case is that the appellant herein had ....

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....it for human consumption, but may be fit for consumption as cattle feed and sought the direction of this Bench for withdrawal of samples and testing the same whether it is fit as cattle feed or otherwise. This Bench vide Order No. M/2274/WZB /AHD/2012, dt.06.12.2012, directed the authorities to draw the samples and send the same for analysis. Ld. Counsel submits that the samples were drawn and ana....

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.... Since the issue needs to be considered as regards suitability of the cargo as a cattle feed and the said certificate needs to be given by Director of Animal Husbandry, Gujarat State, Gandhinagar, we set aside the impugned order and remit the matter back to the adjudicating authority, who will re-consider the issue on such, if any, certificate produced by the appellant before him. Needless to say ....