SRS EXPORTS PRIVATE LIMITED Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This writ petition has been filed to direct the respondents to cause release of the consignment of peas imported by the petitioner vide bill of lading in B.L.No.MBE0305246 dated 06.10.2018 in light of the order made by this Court in Royal Impex Vs Commissioner 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 furtherance of the same, the petitioner made payment on 15.11.2017. The Government of India through the Directorate of Foreign Trade amended the import policy vide notification No.4/2015-2020 dated 25.04.2018 restricting the quantity of peas that could be imported into India which was hither to free from any restriction. The restriction was placed for the period between 01.04.2018 to 30.06.2018 restricting the total quantity of yellow peas to be imported to 1 lakh Metric Tones minus the quantity already imported form 01.04.2018 till the date of notification. The Directorate issued a clarification note on 16.05.2018 clarifying that the said restriction would apply to all variety of peas. A clarification notice was issued by the DGFT on the basis of representation from various importers, relaxing the condition with regard to the shipments covered by 100% advance payment before 25.04.2018. Then, the original notification was extended from 01.10.2018 till 31.12.2018