NARESH AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE question that arises for the determination in this batch of writ petitions is whether the fabric imported by the petitioners falls within the category of goods described as "artificial fur cloth" which is the relevant item permissible for import against REP licence under para 5 of Appendix 17 read with serial D. 2. 2 (f) (vi) of the Import and Export Policy for April 1985---March 1988.

(2.) THE material facts relevant for determination of the controversy being identical in all these petitions, the facts of one of the writ petitions viz. , Writ Petition No. 904 of 1987 are being briefly stated.

(3.) THE petitioner imported certain fabrics which were described as artificial fur cloth. This import was made under the provisions of Appendix 17 of the Import and Export Policy April 1985---March 1988 on the strength of a REP licence transferred in his favour by the original licensee. The petitioner filed bills of entries with the respondents for clearance of these goods. The clearance was not given by the respondents as, according to them, the goods imported by the petitioner were in fact not artificial fur cloth but velvet which is not allowed to be imported under a REP licence.