J K IMPEX Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in both the writ petitions are engaged in the activities of import and export. For the purpose of carrying out the activities of import and export, it is required to have IE Code No.(Import and Export Code No.). The petitioner in CWP No.4938/2001 applied for and was granted IE Code No.0598054685. The petitioner in CWP No.4945/2001 was, likewise, given IE Code No.0593065336.

(2.) In these writ petitions, the petitioners are challenging Advice memo dated 23rd March, 2001 issued by the office of the Joint Director General of Foreign Trade. This Advice memo is issued in respect of four firms including both the petitioners as well and reads as under:

(3.) Reading of this Advice Memo would show that there was some investigation regarding alleged fraudulent export of goods and misdeclaration of the description as well as value of goods in respect of the petitioners and others and as a result of this investigation, office of the Joint DGFT had decided to place the petitioners on Advice Memo. The consequences of such Advice memo as stipulated therein are that all the licensing branches are advised not to allow the petitioners or their directors/partners to avail of CCS/licences of any category or any other benefits under the EXIM Policy. The petitioners made representation against this order vide legal notice dated 30th July, 2001. However, as it did not elicit any favourable response, present writ petitions have been filed challenging the same.