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S.L.PEERAN, V.K.ASHTANA
Diamond Traders – Appellant
Versus
Commissioner of Customs, Chennai – Respondent
Per V.K. Ashtana :
This is an appeal against Order-in-Original No. 11/99-CAU dated 8.3.99 passed by Commissioner of Customs confiscating poppy seeds imported from Pakistan and allowing by redemption fine of Rs. 11,00,000/- plus penalty of Rs. 1,00,000/- under Section 112A of the Customs Act, 1962.
2. Heard Shri Murugappan, Ld. Advocate for appellants who submits as follows:-
(a) The goods were imported in Nov. 98 and were accompanied by a certificate from the Export Promotion Officer, Export Promotion Bureau of Govt. of Pakistan certifying that the Foreign Exporters' Declaration was correct. This was corroborated by another certificate from the Chamber of Commerce & Industry, Karachi stating that the goods were legally grown in Pakistan and were therefore of Pakistani origin. A third certificate dated 29.10.98 was also submitted from the Quarantine Department at the Port of Karachi which has also been countersigned by the examining officer of Custom House, Karachi. This certificate also declares that the goods have been legally grown in Pakistan.
(b) Ld. Advocate also submits that Ld. Adjudicating authority on page 3 of the Order-in-Original impugned has himself come to a conclusi
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