2017 (6) TMI 145

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....2.2005 and 21.03.2005 those were not supported by sanitary import permit as notified in the Gazette of India Notification dated 7^th July, 2001 by the Department of Animal and Husbandry of Ministry of Agriculture. It was made public on that date that meat imported to India shall be allowed only against a sanitary import permit from the above Authority. For the convenience of reading, the restriction imposed by the Gazette dated 07.07.2001 is reproduced below: (Published in Pan II, Section 3 Sub Section (ii) Of the Gazette of India Extraordinary dated 09 7.2001) Government of India Ministry of Agriculture Department of Animal Husbandry and Dairying New Delhi, the 7^th July, 2001 Notification S.O.655 (E) - In exercise ....

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....ued on 10.03.2005 but the Bills of Entries were filed before that date. Therefore they should not face penalty. 4. Heard both sides and perused the record. For convenience of reading the trade notice relied by appellants is reproduced below:- Office of the Commissioner of Customs, Air Cargo Complex Sahar Andheri (E), Mumbai- 400099 F No.S/3-Misc-PRO-26/2005 ACC Date 10.03.2005 Subject. Import of livestock and livestock products - regarding. Attention of the importers, CHAs and members of the trade is invited on the provisions regarding importation of live animals/livestock products through the Ports/Airports. 2. The Board has issued a Circular No.43/2001-CUS, dated 06.08.2001 which, interalia, provides for restric....

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....it not being produced, the restricted goods faced adjudication and consequence of confiscation and penalty followed. 6. It may be stated that the Gazette of India is the public document and the restriction as aforesaid imposed was in public domain from 7^th July 2001. Therefore in absence of permit from Animal and Husbandry against the imports stated at the outset, the restriction imposed by law was violated by the importer and the persons and agencies connected with such import. Appellants deliberately imported the offending goods without the required permit and cleared the same. Accordingly that became smuggled goods in terms of section 2(39) of the Customs Act, 1962. Import of meat was meant for human consumption and that ought to hav....