CLIMAX CHEMICALS Vs. R GOPALNATHAN ADDL COLLECTORS CUSTOMERS

JUDGEMENT

(1.) HAVING regard to the clearance of the consignment figuring in this petition pursuant to the grant of interim relief, what remains is to rule upon the validity or otherwise of the import inclusive of certain incidental directions.

(2.) THE Import and Export Policy, April 82- March 1983 period, at paragraph 231 (4 )recited thus:-

(3.) RESPONDENTS in their affidavit-in reply contend that the order for import was placed not in the month of April 1982 but later. In fact the same was placed after the PN had become known. To escape the application of the PN the petitioner in collusion with certain Bank officers had fabricated documents to give the impression of the order having been placed in the first or second week of April 1982. This alone disentitled the petitioner to any relief under Article 226 of the Constitution. That apart, the PN was a valid exercise of power vested in the Chief Controller of Imports and Exports.