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4. It has been submitted that the petitioner has been registered with the statutory authorities concerned for carrying on business of manufacture and sale of such products. The petitioner has also been granted an import and export code, by the office of the Joint Director General of Foreign Trade, Ministry of Commerce, Government of India, Hyderabad, for the import of the products.

5. It has been submitted that, in the course of its business, the petitioner had imported 15000 kilograms of plant leaf extract from M/s.Zhejiang Topc Chemical Industry Company Limited, China, under the Bills of Entry No.607283, 607285 and 608204, dated 25.8.2010. The imports of plant leaf extract has been made through the Chennai Seaport. The goods supplied by the foreign supplier, valued at US$78,000 had arrived at Chennai Seaport in the month of August, 2010. The bills of entry for the goods concerned had been filed and the said goods had been assessed to duty at the hands of the second and the third respondents. The total duty payable, in respect of the goods, amounted to Rs.6,45,438/-. The said amount had been paid using DEPB scripts and credits, on the strength of the transferrable licences purchased in the open market. The debits of the scripts for the duty amount had been made. However, the goods had not been released. Further, the imported items had been taken up for investigation, by the office of the Directorate of Revenue Intelligence, Zonal unit, Chennai. Pursuant to the said investigation, the goods had been detained and had been taken up for examination. The goods were de-stuffed and kept in the custody of the container freight station. Samples had been drawn from the consignments of the imported goods, by the officers of the Directorate of Revenue Intelligence. However, the investigating agency had alleged that there has been a mis-declaration of the cargo, as it has been declared as plant leaf extract, (Bio-fertilizers). As the goods imported are insecticides, the importation of such goods requires registration from the Central Insecticide Board, in terms of Section 9 of the Insecticides Act, 1968, read with the relevant provisions of the Foreign Trade Policy, 2010.