VIDEOCON INTERNATIONAL LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners are manufacturers of colour TVs, Videos and other electronic items. Petitioners import interalia Colour Picture Tubes (CPT) and Video Tape Deck Mechanism (VTDM) for manufacturing electronic items. CPTs and VTDMs were listed in Appendix 6, List 8, Part-I at Sr.Nos. 821(5) and 821(79) respectively. By transfer, as permissible, Petitioners purchased Additional Licenses all dated prior to 21-3-1989 and endorsed under Para 215 of AM-88-91 Policy permitting imports of items listed under Appendix 6, List 8, Part-I as on the date of issue of the licenses.

(2.) On 21-3-1989 Public Notice No.109 deleted the items CPT and VTDM from Appendix 6, List 8, Part-I. On 28-5-1990, as the Petitioners were importing CPTs and VTDMs against the said licenses and since the same were allowed clearance by the Customs, the Respondent No.4- Joint Chief Controller of Imports & Exports issued abeyance order with the show cause notice to the Petitioners asking the Petitioners to show cause why the Petitioners should not be debarred from importing the aforesaid items.

(3.) The Petitioners challenged the same by filing a writ petition being Writ Petition No.1843 of 1990. That writ petition was disposed of by an order dated 26-6-1990 by this court. The court stayed the abeyance order, but liberty was granted to the Respondent No.4 to adjudicate the show cause notice. On 25-9-1990, the Respondent No.4 made an order debarring the Petitioners. The Petitioners challenged the order passed by the Respondent No.4 in Appeal. That appeal was heard and disposed of by the Additional Chief Controller of Imports & Exports by an order dated 31-1-1991. The Additional Chief Controller of Imports & Exports set aside the debarment order holding that the imports under the Additional Licenses despite public notice were valid.