KALPA GHOSH Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) The petitioner's grievance in this writ application is that the respondents were refusing to allow clearance of uninked Ribbon Tape imported by the petitioner unless the petitioner produced a licence. According to the petitioner Uninked Tape imported by the petitioner was utilisable as raw material for manufacturing of Ribbon Cartridges for printers/typewriters. It is submitted that the goods in question were freely importable by reason of paragraph 22 of Chapter V of the Export and Import Policy of 1992-97.

(2.) The respondents have sought to contend that the goods imported by the petitioner came within paragraph 156, Item 4 of Chapter XV of the Export and Import Policy, 1992-97 and as such cannot be imported except under specific licence. It is, further, submitted that the matter had been referred to the Director General of Foreign Trade who had decided that the goods were classifiable under paragraph No. 156(4) of the Negative List of imports in the Export and Import Policy, 1992-97 and that the import could only be permitted against specific import licence. It is further submitted by the respondents that by virtue of paragraph 20 of Chapter 4 of the policy the decision of the Director General of Foreign Trade was final on the issue.

(3.) In my view, the action of the respondent authorities in insisting upon a licence for clearance of the Uninked Tape imported by the petitioner is unjustified. I say so for the following reasons :-