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Judgment
A.M.Badar, J
Heard the learned counsel for the petitioner. He submits that the petitioner has suffered order at Ext.P2 for absolute confiscation of the impugned
goods with a declared assessible value of Rs.18,28,844.85/-apart from imposition of penalty. It is submitted that the petitioner has ordered for import of
mosquito squatters on 27.01.2021. However, shipping of those goods was delayed and those goods were actually shipped on 29.04.2021. In between,
the date of order and the date of shipment, the DGFT had issued a notification on 26.04.2021 prohibiting import of mosquito squatters of value of
Rs.121.
The learned counsel for the petitioner submits that the petitioner had therefore requested for re-export of goods and his counter part has agreed to
accept those goods if those are re-exported within 15 days. My attention is drawn to the communication at Ext.P4 from the concerned company who
had exported those goods to India. The learned counsel for the petitioner submits that the petitioner wants to export those goods and in identical
situation, vide order at Ext.P5, the importer therein was permitted to re-export the goods on payment of redemption fine.
The learned standing counsel appearing for the respondents opposes the petition and submits that now the order of absolute confiscation, Ext.P1 has
already been passed.
It is seen from the order at Ext.P1 that in identical situation, the Officer of the concerned Department had permitted re-export of the prohibited
goods on imposition of redemption fine as well as the penalty. In the wake of order at Ext.P5, the petitioner also deserves the consideration of his case
by the 2nd respondent for one more time as now the petitioner wants to re-export those goods.
In this view of the matter, the impugned order at Ext.P2 is quashed and set aside. The matter is remitted for fresh consideration of the 2nd respondent
according to law. The petitioner is permitted to urge the issue of permitting him to re-export the goods on payment of redemption fine and penalty as
has been done in an order at Ext.P5. Parties to act on authenticated copy of this order.