SAINATH AND CO Vs. UNION OF INDIA

JUDGEMENT

(1.) By consent of parties the writ petition itself is taken up for final disposal.

(2.) The petitioner is a partnership firm carrying on business at Madras. They had imported 60 Drums/1,500 Kgs. of Sulphur Blue Dyes from Hong Kong. The goods are however, of Chinese origin. The bill of entry was filed on 3.8.1993 for home consumption under duty exemption entitlement certificate (hereinafter called DEEC Scheme). It is admitted that the goods are imported from a trader in Hong Kong for a unit price of U.S. $ 2.40 per Kg. CIF Madras. The total cost of the consignment amounts to U.S. $ 3600. The petitioner had also filed transferable advance licence under paragraph 127 of the Import-Export Policy 1992-97. There was some correspondence regarding the Colour Index and the usage for which the imported goods could be put to. The goods were inspected on 20.8.1993 and an endorsement was made that the goods are as per description. Again the bill of entry was taken by the Special Intelligence Bureau who ordered inspection of 10 Drums and to draw sample. This was done on 9.9.1993. Again an endorsement was made on the bill of entry to the effect that the goods were Sulphur Blue Dyes and they conformed to the description. The petitioner sought for release of at least 80% of the goods as per the Public Notice 58/15/93. The fourth respondent had instructed the third respondent not to release the goods till the outcome of the test report. The following questions had been posed to the Deputy Chief Chemist:

(3.) Whether the item is used in leather industry?