MAHANSARIA TYRES PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition preferred under Article 226 of the Constitution of India. The petitioner is incorporated under the provisions of the Companies Act, 1956 and its Directors are the citizens of this country, who are before this Court claiming the fundamental rights conferred under the Constitution of India. The petitioner has his factory at the cause title shown in the petition at Bharuch and through the authorized representative of the company by a resolution passed by the Board of Directors No.8/2020-2021 dtd. 18/12/2020 this petition has been preferred. The challenge is to the notification No.32/2015-2020 dtd. 20/1/2016 vide which the Natural Rubber is allowed for import only from the ports of Chennai and Nhava Sheva.

(2.) Brief facts in a capsulized form are as follow:

(3.) On issuance of notice, the affidavit- in-reply on behalf of the respondent No.1 is tendered. The Deputy Director General of Foreign Trade-Mr.Rohit Soni has denied all averments and contentions raised by the petitioner. This notification No.32/2015- 2020 dtd. 20/1/2016 which restricts the import of Natural Rubber through the seaports of Chennai and Nhava Sheva (Jawaharlal Nehru Port, Mumbai) is a policy decision of the Government of India, which cannot be subjected to judicial review. It is a part of the Export and Import Policy of Central Government based on the statistics, economy of the country and its impact on the different segments of the stakeholders, public interest, expert opinion and other relevant factors and other relevant considerations, thus such policy is made and it is not subjected to judicial review.