UNIK TRADERS Vs. UNION OF INDIA

JUDGEMENT

(1.) A Notification bearing No. 25 (Re -2007)/2004 -2009 dated 29.08.2007 issued by the second respondent / Director General of Foreign Trade and Ex -Officio Additional Secretary to the Government of India in exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (hereinafter referred to as 'the Act') read with paragraph 2.1 of the Foreign Trade Policy - 2004 - 09 is under challenge in all these writ petitions. All the writ petitions were heard together and they are disposed of by means of this common order.

(2.) THE petitioners in all these writ petitions are either importers or traders of betel nuts. They claim that they are in the practice of importing betel nuts in substantial quantities every year from South East Asian countries like Indonesia and Thailand. According to them, they can conveniently import the same through anyone of the ports on the Eastern Cost. But, the respondents issued the impugned Notification, thereby amending the import policy for certain items as detailed below: Exim Item Policy Policy conditionsCode DescriptionBetel Nuts:0802 9010 Whole Free Import allowed only through Mangalore Port.0802 9012 Split Free Import allowed only through Mangalore Port0802 9013 Ground Free Import allowed only through Mangalore Port0802 9019 Other Free Import allowed only through Mangalore Port. The grievance of the petitioners is that the restriction of import of the betel nuts only through Mangalore Port is highly unreasonable, arbitrary and unconstitutional and therefore, the same is liable to be quashed.

(3.) IN the counter affidavit filed by the Deputy Director General of Foreign Trade, inter -alia, it has been contended as follows: