SHA POOSAFI MANGILAL Vs. SECRETARY, GOVT. OF INDIA

JUDGEMENT

(1.) THESE two appeals arise from a common order of Palaniswami, J. who declined to quash an order of the third respondent. The appellant claimed to be an established importer within the meaning of the Red Policy Book and applied in the prescribed form in July 1967 for refixation of quota for watches and parts thereof under the Import Trade Control. He had got a quota certificate issued on 27 -9 -1967 for Rs. 1500. This limit was raised to Rs. 2000 on his representation. The certificate issued to him related to the period from 1 -4 -1967 to March 1968. He cleared a certain parcel through a bank and moved the Joint Chief Controller of Imports and Exports to issue a quota certificate for Rs. 2002.22. But that request was rejected and in further proceedings upto the hierarchy he was unsuccessful. They had also declined to alter the period of the quota.

(2.) DECLINING to quash the said proceedings and orders. Palaniswami, J. referred to the related paragraphs in the Import Trade Control Policy Book and eventually thought that no ground was shown to issue the rule. Since the learned Judge disposed of the matter, the Supreme Court in A.I. Works v. Chief Controller, Imports, AIR 1974 SC 1539, after pointing out that the import trade policy was not a statutory document, ruled -