Page 120 - ELT_1st June 2020_VOL 372_Part 5th

654 EXCISE LAW TIMES [ Vol. 372

2020 (372) E.L.T. 654 (Mad.)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
[MADURAI BENCH]
Pushpa Sathyanarayana, J.
V.V. TITANIUM PIGMENTS PVT. LTD.
Versus
DISTRICT COLLECTOR, THOOTHUKUDI
W.P. (MD) Nos. 24396 & 22615 of 2019 and W.M.P. (MD) Nos. 21021, 19371,
20457, 21286 of 2019 and 535 of 2020, decided on 27-2-2020
EXIM - Mineral ilmenite - Excavated from Norway and legally import-
ed into India - In such case, Mines and Minerals (Development and Regula-
tion) Act, 1957 is not applicable - As it is freely importable, District Collector
has neither authority to interfere with imports nor exercise powers of Central
Government - Importer who legally imported this mineral was its owner enti-
tled to use it in its factory. [paras 17, 18]
Petitions disposed of
CASES CITED
District Collector v. M.R.M. Ramaiya Enterprises — 2019 (366) E.L.T. A230 (Mad.)
— Relied on ..................................................................................................................................... [Para 12]
State of Gujarat v. Jayeshbhai Kanjibhai Kalathiya — 2019 SCC Online SC 298
— Relied on ........................................................................................................................ [Paras 10, 11, 14]
REPRESENTED BY : S/Shri Lakshmi Narasimhan for M/s. Kingsly Solo-
man, for the Petitioner.
S/Shri A. Arivuchandran, R. Aravindan, Standing
Counsels, Mrs. Narmadha Sampath, Additional Ad-
vocate General assisted by Mrs. J. Padmavathi Devi,
Special Government Pleader, V. Kathirvelu, Addi-
tional Solicitor Genaral and Karthick Seshathiri for
P. Alwin Balan, for the Respondent.
[Order (Common)]. - WP (MD) No. 24396 of 2019 is filed for the direc-
tion forbearing the first respondent from interfering with respect to import of
Ilmenite from other countries by the petitioner in any manner including dis-
charge, transportation, storage and usage thereof.
2. The petitioner is a manufacturer of Titanium Dioxide and other al-
lied products. The basic material for the manufacture of Titanium Dioxide is il-
menite, which is a major mineral falling within the control and domain of the
Central Government under the Mines and Minerals (Development and Regula-
tion) Act, 1957 (hereinafter referred to as ‘MMDR Act’). It is stated that the said
mineral is a freely importable mineral as per the Union of India’s Foreign Trade
Policy. Admittedly, it is not mined in India. It has been purchased from other
countries. For the import of the same, the documents namely commercial invoice,
bill of lading, bill of entry have to be produced to the customs authorities as noti-
fied under the Foreign Trade (Development and Regulation) Act, 1992. The peti-
tioner has been importing the minerals into the country and used it for the pur-
pose of ‘home consumption’.
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