KODALI SATHYANARAYANA Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE Writ Petitions coming on for hearing on this day, upon perusing the petition and the affidavit filed in support thereof the order of the High Court, dated 23-1-1985 and made herein and the counter affidavits filed herein and the records relating to the order in F. No. 459/309/84-Cus. V dated 22-9-1984 on the file of the 1st respondent comprised in the return of the respective respondent to the Writ made by the High Court, and upon hearing the arguments of Mr. E. S. Govindan, Advocate for the petitioner in both the petitions and of Mr. C. A. Sundaram, Additional Central Government Standing counsel on behalf of the respondents in both the petitions, the Court made the following order:- The petitioner is a physically handicapped person. He got incapacitated at the age of 23. At the time of filing the writ petition, he was aged 33. He is working in M/s. Bhanu Construction Co. (P) Ltd. , Hyderabad as Chief Accountant. In order to attend to the day-to-day requirements of banking, etc. , connected with his financial duties, he needed a car with special amenities adapted for his use. He obtained a medical certificate from the specially Constituted Medical Board on 4-9-1983 as per the policy of the Central Government which provided for permission to import cars specially made for handicapped persons on payment of 50%ad valoremduty as against 185%ad valoremduty. On 6-10-1983 , the Medical Board constituted by the Collector of Customs, Madras in terms of notification dated 25-5-1983 , issued a certificate to the petitioner. After receiving the medical certificate, the petitioner opened a Letter of Credit through Andhra Bank, Balanagar, hyderabad-17 for Yens 10, 05, 000/- dated 15-11-1983 favouring M/s. Nippon trading Co. Ltd. 2-1-Uchi Kanda, z-Chrome, Chyyoda-KW, Tokyo-101. The Letter of credit was valid for shipment upto 30-4-1984 and negotiable upto 15-5-1984. He placed an order with M/s. Nippon Trading Co. , Ltd. , Japan on 15-11-1983 through their sole authorised agent in India viz. , M/s. Pearey Lal & Sons Pvt. Ltd. New Delhi for supply of a car below 1000 c. c. fitted with steering Grip and Left or Right switch on winking lights, with disability control device, as per Notification no. 152/83 dated 25-5-1983.

(2.) THE car was shipped on 31-3-1984 from Yokohama Port , Japan Vide B. L. No. YHEM-38 on board the Steamer s. s. Ohtori to Bombay THE ship unloaded the cargo at Port Kelan, Malaysia enroute to India due to the information they received regarding All India Port Workers strike. From Port Kelan the car was sent to Nagoya (not the original port of loading) Japan from where it was re-shipped to Madras , on board s. s. VISHVA ANURAG on 9-7-1984 vide B. L. No. 2 and arrived on 5-8-1984. THE delay in transport was due to cyclone on enroute.

(3.) SECONDLY, it is contended that the respondents have not considered the request of the petitioner for grant of adhoc exemption under section 25 (2) of the Act and they should be directed to consider the application and pass appropriate orders.