seized. The seizure was made on the
allegation of an attempt at improper export of those goods in
contravention of the DGFT Notification ... COFEPOSA Act in
Section 2(e) , the activity of attempting to export Non-Basmati Rice as
Basmati Rice would have to be regarded as smuggling
Brar & Mr. Anvit
Jain, Adv.
versus
AGRICULTURAL AND PROCESSED FOOD PRODUCTS
EXPORT DEV. AUTHORITY AND ORS. ..... Respondents
Through: Mr. Sachin Datta with Mr.
Abhimanyu ... APEDA) states
that the petitioner has been de-registered for an attempt to export Non-
Basmati Rice and consignment in which regard was confiscated
export obligation of 4274
metric tonnes (`MT‟) of cotton yarn at US $ 16.99 million. It is stated that
the pending value of Export Packing Credit ... Spinners Pvt. Ltd.], it is stated that they had made attempts to upload
their export contracts on the internet between 25 th November
Rules which was to provide
impetus to exports. By the impugned circular, respondent No.3 has
virtually attempted to defeat the object with which
goods were allegedly exported.
Who were the officers posted at the Customs Port
at the relevant time when the goods were
exported. How the goods ... exported. Their
evidence could have been easily available to the
prosecution during investigations as well as during
prosecution of this case. However, no attempt
January 1991. The
subsequent correspondence between the parties does indicate that the
attempts to resolve the dispute did not succeed. Further the decisions ... counsel for the
Petitioner that the arbitration proceedings were vitiated because no
attempt was made to amicably settle the disputes between the parties prior
thereto
export but a local sale. The appellant has improvised
addition of a delivery order and modification of a few
terms in an attempt to come
Chapter II, which deals with
general provisions regarding imports and exports, clause 2.26 provides
"goods already imported/shipped/arrived, in advance, but not cleared
from ... also shows that Dr. Erdmann, who denied
having issued the certificates for export of the horses to India, as a
matter of fact, accompanied
fulfilled by substantial, if not strict
compliance. In other words, a mere attempted
compliance may not be sufficient, but actual
compliance with those factors which ... present writ
petition. However, while interpreting Rule 6 with reference to exports,
certain observations have been made. As we are remanding the matter
back
first sentence of paragraph
4 that accused No.1 successfully exported the good and
received substantial payment are bereft of even a simple
statement pertaining ... vague as
vagueness can be and ex-facie is a crude attempt to ensnare
the accused in the clutches of criminal law to extract money
