ISHWAR Vs. STATE

JUDGEMENT

(1.) There is two-fold challenge in this petition under Article 226 of the Constitution of India; the first challenge is to the Customs Public Notice No. 7/87 dated 3rd March 1987 which fixed certain guidelines in respect of the import of completely pre-mutilated woollen rags/synthetic rags. The said public notice provided that all consignments of woollen rags/synthetic rags which have already landed at ICD or which are shipped on or before 30th April 1987 will be allowed clearance afterproper mutilation, if found necessary, in the manner specified in the notice. Any consignment that may be shipped after 30th April 1987 should satisfy the conditions detailed in the notice and no mutilation will be permitted for such consignments. The challenge to the above public notice was no the ground that it modified the provisions of the Import Policy which adversely affected the importers like the petitioner and the same is, therefore, violative of Articles 14, 19(l)(g) and 301 of the Constitution of India and is also against the doctrine of promissory estoppel. We may say that the said public notice has been superseded by the Public Notice No. 14/87 dated 17th June 1987 and, therefore, the said public notice No. 7/87 is no longer in force and, therefore the first challenge no longer survives for decision.

(2.) The second challenge pertains to the meaning to be given to the definition of the woollen rags as given in Appendix 6 page 168 Volume I of the Import and Export Policy for April 1985 to March 1988. The contention of Mr. A K. Sen, the learned counsel for the petitioner, is that the goods in question should be judged by the standard as is understood by a trader who usually deals with such items. Shri Sen in support of his contention relied on Re : Hind Hosiery Mills and Others, 1982 E.L.T, 424 decided by the Central Board of Excises and Customs and M/s. Nagesh Hosiery Mills v. M.R. Ramchandran and anr. decided by Mr. Justice R.P. Bhatt on 15th January 1975.

(3.) The Government gazetted its Import and Export Policy for April 1985 to March 1988 in the Gazette of India Extraordinary dated 12th April 1985. Volume I contains Import and Export Promotion Policy and Volume II contains policy in respect of items under Export Licences. Appendix 6 (Volume 1) contains the items which can be imported by the categories of importers specified therein under Open General Licence. The said appendix also contains the conditions governing importation of the items mentioned therein. We are concerned in this petition with the import of raw materials in the shape of rags. Condition No. 37 at page 168 regarding the importation of rags is important and it reads as follows :