GLOBAL INDUSTRIES Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) W.P. (C) Nos. 6747, 5135, 5481, 5822, 5990, 8479, 29465, 31806, 243, 257, 1065/2009 & 20318, 23273, 26671, 34054, 36296, 36302/2008: These writ petitions have been filed by importers of betel nuts, challenging Notification No. 15 (RE-2008)/2004-2009 dated 4-6-2008 issued by the Director General of Foreign Trade in the purported exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy-2004-2009, amending Schedule-1 (Imports) of the Import Trade Control (HS) Classifications of Export and Import Items, 2004-2009, incorporating the condition that import of betel nuts, whole, split, ground and others, will be permitted freely provided the CIF value is Rs. 35/- per Kilogram and above. Among others, it is contended by the learned Counsel for the Petitioners that the Director General of Foreign Trade had no jurisdiction, either under the FTDR Act, 1992 or the Foreign Trade Policy, to have issued the notification and, therefore, the notification is illegal and unconstitutional.

(2.) A counter affidavit has been filed by Respondents 1 and 2. In paragraph 6 of the counter affidavit, it has been stated thus:

(3.) The averments in paragraph 6 have been reiterated in paragraph 10 of the counter affidavit also.