SOMASUNDARAM Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The petitioner herein states that he holds a valid import export code for import of food grains and cereals. He imported a consignment of Canadian Green Peas, which is a commodity whose import is restricted by Ext.P1 notification. Under the said notification, that is apparently issued with a view to protect domestic trade in the said commodity, strict conditions are seen imposed as regards the ports through which the imports can be effected, as also with regard to the minimum import price of Rs.200/- per kilo gram CIF, at which the Commodity can be imported. It would appear that certain importers, including a sister concern of the petitioner, had challenged the notification before various High Courts including this Court. All those Writ Petitions stand transferred to the Supreme Court pursuant to orders passed by the Supreme Court in transfer petitions filed before it by the respondents herein. In the Writ Petition, the petitioner has produced as Ext.P3, the order of the Supreme Court that clearly reveals the interdiction by the Supreme Court against further proceedings by the HIgh Courts in the writ petitions involving the said issue. In the same order, the Supreme Court has also indicated that the request of the importers concerned for interim directions, would be taken up by that Court pending disposal of the transferred petitions. It is in this factual backdrop that I am called upon to consider the prayer of the petitioner in the instant writ petition, to permit a provisional clearance of the goods imported by him pending a consideration by the Supreme Court of the main issue with regard to the legality of the notification.

(2.) I have heard the learned counsel for the petitioner and the learned Standing counsel for the respondent.

(3.) On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I am of the view that the prayer for provisional release of the goods sought for by the petitioner cannot be granted. It cannot be ignored that what the petitioner has chosen to import is a commodity in respect of which the Central Government, through the Directorate General of Foreign Trade (DGFT), has issued Ext.P1 notification restricting imports with a view to safeguard the domestic industry. The minimum import price for the product imported is fixed as 200/- per kilo gram CIF and it is not in dispute that the price at which the petitioner imported the commodity is significantly lower than the minimum import price stipulated. The goods, if allowed to be provisionally cleared, would enter the domestic market, thereby frustrating the very objective of the notification issued by the Central Government.