BANGALORE FABRICS Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution, the petitioner has sought for the following reliefs:

(2.) The petitioner has also filed an application seeking amendment of the petition. The application seeking amendment is allowed.

(3.) The main grievance of the petitioner is that the appeal preferred by him against the order dated 20-3-1986 passed by the Chief Controller of Imports and Exports in No. 11/189/ACC/85/ECA/III has not been decided on merits on the ground that he has failed to pay the portion of the penalty amount as imposed by the Joint Chief Controller of Imports and Exports, Bangalore. It is in this connection the petitioner has sought for amendment to challenge the validity of the second and third proviso to clause(b) of sub-Section (1) of Section 4M of the Imports and Exports (Control) Act, 1947 as amended by the Central Act No. 12/76 (hereinafter referred to as the 'Act'). The amendment is allowed. The petitioner is permitted to challenge the validity of the aforesaid provisions. As prayed for in the application seeking amendment, paragraphs 25(a), 27(a) and 30(a) are treated as part of the main petition. The aforesaid second and third proviso, the validity of which is challenged by the petitioner are as follows: