AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2019 (6) TMI 648
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....sioner of Customs (W.P.No.4403 of 2019 dated 27.02.2019) and Shri Lakshmi Dhall Mills Vs The Commissioner of Customs (W.P.(MD)No.6739 of 2019 dated 26.03.2019). 2.Heard Mr.Ajmal Khan, learned Senior Counsel, for Mr.M.Mahaboob Athiff, learned counsel appearing for the petitioner and Mr.Vijay Karthikeyan, learned counsel appearing for the respondents. 3.On the side of the petitioner, it is stated that the petitioner is importing dun peas which are not cultivated in India. One such consignment for import of 7,000 Metric Tonnes of dun peas was laid with a exporter from Australia. The contract was made on 05.10.2017 and that the shipment is to be made on April-May 2018 and the earnest money towards the same was to be paid before 30.11.2017. In....
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....sale contract on 05.07.2017 prior to the date of notification and the petitioner has reduced the quantity of import proportionate to the advance payment made. The bill of lading is on 06.10.2018 which is between the date prescribed by this Court and prayed the release of shipment. 6.The learned counsel appearing for the petitioner would relied upon the Judgments passed by this Court in the case of the M/S.Royal Impex v. The Commissioner of Customs in W.P.No.4403 of 2019, batch cases, which reads as follows: "15. Heard learned counsel. The relevant facts that are admitted before me are: (i) In the case of import of peas, substantially all imports in question are covered by Bills of Lading drawn between the dates of 01.10.2018 and 31.12.....
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....the relevant Notifications and the pendency of the said stay as on the date of import is admitted. Thus, and in conclusion, on the basis of the admitted position on facts as recorded by me in paragraph 15 of this order and bearing in mind the balance of convenience in the present case, the consignments in question are liable to be released, though conditionally." 8.The learned counsel appearing for the petitioner would relied upon the Judgments passed by this Court in the case of the Shri Lakshmi Dhall Mills Vs The Commissioner of Customs in W.P.(MD)No.6739 of 2019, which reads as follows: "10.While passing the aforesaid directions under the order dated 27.02.2019, the learned Single Judge has taken note of the fact that the notification....
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....at the above said Judgments are passed when the notification was stayed and now the stay is vacated on 04.04.2019 and prayed the petition to be dismissed. In support of his contention, the Judgment passed by this Court in the case of M/s.Hira Traders v. The Director General of Foreign Trade in W.P.Nos.15921 of 2018 and other batch cases is cited which reads as follows: "11. In other words, if the contracted quantity in terms of the contract between the local importer and the person abroad, is specified and if the entire amount has been secured in terms of this Irrevocable Commercial Letter of Credit or full advance payment irrespective of whether the delivery of the goods will be made in part or not will be covered by the words 'alrea....
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....own peas and this Court by order dated 04.04.2019 has observed all these points and upheld the restrictions imposed by the respondent. It is also stated that the notification is not in violation of Article 90 of the Constitution of India and DGFT is having every right to withheld the every consignment. 12.It is seen that the the petitioner entered into a contract on 05.10.2017 itself. It is stated that the payment was made on 15.11.2017 itself. As per the restrictions imposed by the notification, the petitioner has reduced the quantity to 7,000 Metric tonnes which is below the specified quantity. 13.It is stated that the dun peas are not cultivated in India. The bills of lading is prior to the date of 01.04.2018 to 30.06.2018 which was e....