2006 (11) TMI 71

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.... four containers of "Heavy Melting Scrap". Under the impugned order the consignment remain confiscated. There is also penalty on the importer. 2.The ground for confiscation and penalty is that the consignment was not covered by pre-shipment inspection certificate as required under the DGFT Public Notice No. 16/2004-09 dated 15-10-2004. The specific objection is that pre-shipment inspection had ....

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....." The contention of the learned Counsel for the appellant is that clarification of 18-2-2005 does not have application in the present case inasmuch as the consignment was inspected and imported much before the issuance of the clarification. He also pointed out that the inspection certificate issued by Mumbai office should be considered as satisfying the requirement inasmuch as Mumbai office of Bu....