KIRTI M KOTHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The petitioner herein is a disabled person suffering from Polio, whereby his left arm is affected. The year 1981 had been declared as "The International Year for the Physically Handicapped Persons". It was in keeping with such declaration, the Government of India introduced a policy under which the physically handicapped persons were permitted to import cars with appropriate modifications/designs which would be suitable for their use. Under that policy they were also not required to produce Customs Clearance Permit ("CCP" for short). The custom duty leviable was only 50% of the ad-valorem value. It is the case of the petitioner that accordingly he imported the vehicle but the respondents insisted on the CCP. It is, therefore, that the petitioner is constrained to file the present petition.

(3.) The petition came up for consideration before a learned Single Judge (Mrs.Manohar, J., as she then was in this Court) on 11th December 1987 and an order was passed granting interim relief in terms of prayer clause (c) of the petition, whereby the petitioner was permitted to obtain clearence of said car under the exemption order which he had received from the Central Government and under which he had imported the vehicle. The petition was also admitted on that date.