Document Fragment View

Matching Fragments

(3) To allow the writ petition with all consequential benefits and to pass such other order, orders or directions as this Hon'ble court may deem fit and proper in the circumstances of the case."

4. Opposing the writ petitions, the respondents have filed counter affidavits. In the counter affidavit filed in W.P.No. 15472 of 2001, it is stated that specific intelligence was received by the Deputy Director, Directorate of Revenue Intelligence, Hyderabad, the third respondent in the writ petition, to the effect that M/s Anu Technological Services, D-47, Phase I, Industrial Development Area, Jeedimetla, Hyderabad were exporting goods to Libya in contravention of EXIM policy. On the basis of that information, enquiries were conducted and the outcome of those enquiries revealed that S.J. Jawahar, the Proprietor of the petitioner-concern was also effecting exports to Libya. It was further gathered that one consignment of the petitioner-concern entered for exportation to M/s Aziz & Co., Libya was lying at the ICD, Sanathnagar, Hyderabad. It is stated in the counter affidavit that on verification of the export documents, it was noticed that the consignment covered under shipping bill No. 003500 dated 22.6.2001 has been described as electroplating plant for Cadmium, Zinc, Nickel, Hardchrome, and Aluminium anodisation (turn key) containing various equipment and parts including laboratory reagents, salts, catalysts and compositions with a declared FOB value of Rs. 21,90,740/-, some of the items in the consignment are prohibited/restricted in terms of Appendix 3 of ITC (HS) Classification and Appendix 37 of the EXIM Policy 1997-2002. The list of such items and their restrictions under the EXIM policy are set out in the counter affidavit. They are--

(a) Titanium heaters and titanium baskets restricted under Sr.No. 3A010 of SCOMET (Export of special chemicals, organisms, materials, equipment and technologies (articles made of titanium, uranium alloys) -Appendix 3 of ITC (HS) Classification.
(b) Nickel Anode plates, Nickel Additive and Nickel Carbonate are restricted as per entry 3D001 of SCOMET (Nickel or alloys with more than 40% nickel by weight: alloys with more than 25% nickel and 20% chromium by weight) - Appendix 3 of ITC (HS) Classification.
(c) Safety Accessories appear to be restricted in terms of entry 3D002 of SCOMET (equipment related to P3, P4 facilities such as protective suits and class III safety cabinets) -Appendix 3 of ITC (HS) Classification.
(d) Filtering units with pump and frame also appear to be restricted as per the entry 3D001 of SCOMET (pumps made from nickel or alloy etc) -Appendix 3 of ITC (HS) Classification.
(e) Catalysts - export of prepared catalysts to Libya is prohibited under Appendix 37 of the EXIM policy.
(a) Titanium heaters and titanium baskets appear to be restricted under Sr. No. 3A010 of SCOMET-Appendix 3 of ITC (HS) Classification.
(b) Nickel Anode plates, Nickel Additive and Nickel Carbonate appear to be restricted as per entry 3D001 of SCOMET (Nickel or alloys with more than 40% nickel by weight: alloys with more than 25% nickel and 20% chromium by weight) - Appendix 3 of ITC (HS) Classification.
(c) Safety Accessories appear to be restricted in terms of entry 3D002 of SCOMET (equipment related to P3, P4 facilities such as protective suits and class III safety cabinets) -Appendix 3 of ITC (HS) Classification.