PROBHUDAS MORARJEE RAJKOTIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Controls on exports and imports were introduced as an emergency measure during the last war in respect of certain commodities and were kept alive after the lapse of the Defence of India Rules by the Emergency Provisions (Continuance) Ordinance, 1946 which was later replaced by the Imports and Exports (Control) Act, 1947 (18 of 1947). Under S. 3 of the Imports and Exports (Control) Act, 1947, the Central Government was authorised by order published in the Official Gazette, to provide for prohibiting, restricting or otherwise controlling, in all cases or in specified classes of cases and subject to such exceptions, if any as may be made by or under the order, the import, export, carriage of goods of any specified description. By sub-section (2) of S. 3. It is provided that all goods to which an order under sub-section (1) applies shall be deemed to be goods of which the import or export has been prohibited or restricted under S. 19 of the Sea Customs Act In exercise of authority under S. 3 of the Imports and Exports (Control) Act, 1947 the Central Government issued notifications from time to time prohibiting, restricting or otherwise controlling the export and import of several commodities. By a consolidated order dated December 7. 1955, known as the Imports (Control) Order, 1955. Restrictions on the import of certain goods were imposed by Cl. 3 of the said order. By Cl. 3, it was provided that no person shall import any goods of the description specified in Sch. 1, except under, and in accordance with, a licence or a customs elearance permit granted by the Central Government, or by an officer specified in Sch II. For implementing the scheme of controlling imports, various provisions were made in Cls. 3 to 11 of the Imports (Control) Order.

(2.) The Government of India makes known its import policy every six months by issuing in the Government Gazette the procedure and the conditions for eligibility of licences and for the grant of import licences. This policy is published in a handbook called the "Import Trade Control Policy" The policy is obviously framed having regard to requirements for home consumption of commodities to be imported, the foreign currency situation and the economy of the country as a whole. With effect from April 1, 1963, the Government of India promoted a scheme called "Special Exports Promotion Scheme for Engineering Goods" The object of the scheme was to give incentive to the manufacturers in India to export their finished products outside India and at the same time grant to the said exporters import licences for materials upto the extent of defined percentage of the F. O. B. value of goods exported. The further object of the scheme was to create a market in the foreign countries for Indian goods not only from the standpoint of earning foreign exchange but also from the standpoint of enhancing the prestige of the Indian goods exported to those countries

(3.) Para 5. 4 of the Scheme states.