REX TRADING COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE Writ Petitions coming on for hearing on Tuesday the 4th, Wednesday the 5th, Friday the 7th, Monday the 10th Tuesday the 11th, Wednesday the 12th, Thursday the 20th, Friday the 21st and Monday the 24th days of July 1995, and on this day respective affidavits filed in support thereof the order of the High Court, dated 6-8-1984 and made herein and the Counter affidavits filed herein and the records relating to the Order in (i) show cause Notice toS8/185/84-SIB, dated 20-7-1984 on the file of the 3rd Respondent, SIB-70/84 and (ii) Public Notice No.44-ITC(PN)/83, dated 17-10-1983 on the file of the Ist Respondent respectively and comprised in the return of the Respondents in both the petitions to the Writ made by the High Court, and upon hearing the arguments of Mr. Habibullah Basha, Senior Counsel for Mr. E.S. Govindan, Advocates for the Petitioner in both the petitions and of Mr.V.T. Gopalan, Senior Counsel for Mr. A. Ramakrishna Reddy, Additional Central Government Standing Counsel on behalf of the Respondents in both the Petitions, the Court made the following order :- W.P. No. 7907 of 1984 : In W.P. No. 7907 of 1984, the prayer of the Petitioner is to issue a Writ of Certiorarified Mandamus, calling for the records before the third respondent ending with the show Cause Notice No.S8/185/84-SIBdated 20-7-1984 SIB-70/84 issued by the Fourth respondent, quashing the same and direct the third respondent not to proceed with the adjudication. W.P. No. 7908 of 1984 : In W.P. No. 7908 of 1984, the prayer of the petitioner is to issue a Writ of Certiorarified Mandamus, calling for the records before the first respondent ending with the Public Notice No.44-ITC(PN)/83 dated 17-10-1983 quashing Para 3 of the Public Notice in so far as it compels the shipment within 90 days from the date of Public Notice and direct the respondent not to give effect to Para 3 of the Public Notice.The Petitioner herein is a registered Partnership firm carrying on business of exports and imports under the name and style of 'The Rex Trading Company'. The Partner of the firm, in the affidavit filed in support of the Writ Petitions, has stated that during the relevant time, Appendix 10 of Import and Export Policy, 1983-84 lays down the categories of Importers and the Items which will be allowed under Open General Licence and till 17-10-1983 Isoborneol was allowed to be imported under Open General Licence. It is further stated that the first respondent, in exercise of the powers conferred by Section 3 of the Imports and Exports (Control) Act, 1947 issued a notification on 15-4-1983 giving general permission to import certain items under Open General Licence. Clause (22) of the said Notification says the items covered under Part III of the Schedule to the licence, can be imported under Open General Licence by Actual Users (Industrial) and others, for stock and sale.

(2.) CLAUSE (26) reads as follows :

(3.) WHILE so, the first respondent issued a Public Notice No.44-ITC(PN)/83-New Delhi, dated 17th October, 1983, by which in Appendix 3, List of Limited Permissible Items, Entry No.61, the description has been amended as under: