2023 (1) TMI 1064

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....r the parties. 2. The Petitioner is aggrieved by the stand taken by the Respondent Customs Department of not clearing the consignment of soyabeans imported by the Petitioner from Mozambique. 3. According to the Customs Department as per the Import policy, all imported goods are subjected to domestic laws, acts, rules, orders, regulations, technical specifications, environmental and safety norms as applicable to domestically produced goods. 4. The Respondent Customs Department states that the imported soyabeans are genetically modified. According to the Petitioner, though the goods are genetically modified, they are within the permissible limits set out by the Food Safety and Standards Authority of India. The Customs Department contends t....

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....(c) Institutes / Companies who wish to import Genetically Modified material for R & D purposes will submit their proposal to the Review Committee for Genetic Modification (RCGM) under the Department of Bio-Technology. In case the Companies / Institutes use these Genetically Modified material for commercial purposes, approval of GEAC is also required. (d) At the time of import all consignments containing products which have been subjected to Genetic Modification will carry a declaration stating that the product is Genetically Modified. In case a consignment does not carry such as declaration and is later found to contain Genetically Modified material, the importer is liable to penal action under the Foreign Trade (Development and Regulatio....