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2022 Supreme(Guj) 1623

SONIA GOKANI, MAUNA M. BHATT
A. And A Shipping Services – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Hardik P. Modh.
For the Respondent: Mr. Priyank Lodha.

ORDER :

[Sonia Gokani, J.]

1. This Writ Petition under Article 226 of the Constitution of India is preferred by the proprietary concern, who is importing the goods from across the world and is presently aggrieved by the action of the respondent authority in relation to the Fresh Kiwi Fruits. The petitioner challenges the seizure memo dated 15.11.2022 issued by the respondent No.4 under four bills of entries where these Fresh Kiwi Fruits have been imported are seized on the alleged premise that the Country-of-Origin certificates submitted by the petitioner are of suspicious nature and they are not co-relating with the documents submitted with the bill of entry. Respondent Nos.2 and 3 have not permitted the petitioner to clear Fresh Kiwi Fruits for home consumption imported from Dubai (Having the Country-of-Origin “Chile”) even though the Foreign Trade (Development and Regulation) Act, 1992 read with Foreign Trade Policy 2015-20 have not put any restriction or prohibition on import of Fresh Kiwi Fruits.

2. It is the say of the petitioner that the National Plant Protection Organization in India which works under the Agriculture Department suspended the import of Fresh Kiwi Fruits from I

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