M/S. NANDI MARKETING Vs. DIRECTOR GENERAL OF FOREIGN TRADE MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT OF COMMERCE UDYOG BHAVAN AND OTHERS

JUDGEMENT

(1.) Heard Mr.S.Murugappan, learned counsel for the petitioner, Mr.Venkataswamybabu, learned Senior Panel Counsel appearing on behalf of the first respondent and Mr.A.P.Srinivas, learned Senior Panel Counsel appearing on behalf of respondents 2 to 4.

(2.) The petitioner has filed this writ petition, seeking for issuance of a writ of Certiorarified Mandamus to quash the examination order dated 16.09.2017 in respect of Bill of Entry No. 3265351 dated 16.09.2017 in so far as they relates to compliance with Director General of Foreign Trade Notification No.26/2015-2020 dated 01.09.2017 and direct the second to fourth respondents to release the goods covered by the said Bill of Entry based on the certificate already submitted as per conditions in force as on 31.08.2017.

(3.) The Director General of Foreign Trade notification provides for testing by an independent laboratory to ensure that the cargo which is imported by the petitioner, which are children toys are safe for being sold in the domestic market. One of the contentions raised by the petitioner is by contending that the notification issued by the Director General of Foreign Trade having been uploaded in the Government of India Gazette much after the consignment was dispatched, cannot be made applicable to the impugned consignment. This contention has to be rejected in the light of the decision of this Court in Cascade Energy Private Limited v. Union of India and Ors. in W.P. No. 14626/2017 etc. batch, dated 25.01.2018, wherein it was held that the date of uploading in the Electronic Gazette is of no consequence and the date of notification shall be the date on which the same comes into force. Therefore, the first contention raised by the petitioner has to be rejected. This leaves us with only one issue as to whether the petitioner is entitled for release of the cargo.