S S INTERNATIONAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this petition is to the legality and vires of the public notice No. 119-ITC(PN)/85-88 dated 26th September 1986 issued by the Ministry of Commerce, Import Trade Control, by which amendments were made in the policy relating to the import of the spices, that is, (1) cinnamon/cassia and (ii) cloves. By the said public notice the amendment made was that the items of the afore-mentioned spices was deleted from appendix 6 and it was added in part A appendix 5, as item 32-A.

(2.) On 1st April, 1986 an order No. 49/85-88 was issued in exercise of the powers conferred by section 3 of the Imports and Exports (Control) Act, 1947 by the Central Government whereby general permission (OGL 15186) was given to import in Rto India from any country except the union of South Africa/ South West Africa goods of the description specified in the schedule annexed to the order subject to the conditions mentioned therein. The schedule contains the items cinnamon/ cassia and cloves (serial No. 10).

(3.) On the same date, another order No. 40/85-88 under the heading Open General Licence No. 6/86 was issued under section 3 of the Imports and Exports (Control) Act, 1947 by the Central Government which gave general permission to import into India from any country except the union of South Africa and South West Africa the goods of the description specified in appendix 5 of Import and Export Policy, 1985-88 (volume 1) by designated public sector (canalising) agencies mentioned in the appendix. We may notice here that the said appendix before the amendment made therein did not cover the spices cinnamon and cloves.