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2006 Supreme(Del) 327

MANMOHAN SARIN
SANJAY KHANNA – Appellant
Versus
DIRECTOR GENERAL FOREIGN TRADE – Respondent


MANMOHAN SARIN, J.

( 1 ) BY this writ petition, petitioner Mr. Sanjay Khanna, seeks a direction to the respondents to release the consignment of white Goose and duck feathers, imported by his customers for manufacture of shuttle cocks for the game of badminton. Petitioner is an indenting agent for his Chinese Principals and places orders on behalf of Indian Customers and importers. Petitioner had placed orders for M/s. Rajindra Sports International, M/s. South Indian industries and M/s. Jagdish Sports Industries all from Jallandhar, Punjab.

( 2 ) THE goods had been shipped on 15th January, 2004 and had arrived in India on 4th February, 2004. Vide notification No. 33 (RE-2003)/2002-2007 dated 6th February, 2004 issued in exercise of powers under Section 5 of the Foreign Trade (Development and Regulation) act, 1992, the import of feathers from all countries in view of reported outbreak of Highly Pathogenic Avian Influenza (Fowl Plague) was prohibited for a period of six months. Vide another notification No. S. O. 155 (E) dated 3rd February, 2004 issued under Sub-section (1) of Section 3 and section 3a of the Livestock Importation Act, 1898 and in supersession of earlier notification













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