MAHAMED SAYEED Vs. UNION OF INDIA

JUDGEMENT

(1.) In this application under Art.226 of the Constitution the petitioner has challenged the decision of the respondent authorities in not allowing the petitioner to import Human Skeletons and parts thereof.

(2.) Shortly stated the facts are that the petitioner carries on business of export and import. The chief business of the petitioner is export of Human anatomical specimens i.e. Human Skeletons and or parts thereof. The petitioner is a member of the Association of the Exporters for Anatomical specimen, registered in the financial year 1976-77. The petitioner as also the other members of the said Association are exporters of Human anatomical specimens which are used for the Study of Anatomy and Biology by different Medical and research and or educational institutions in different parts of the world. The purchasers of such human anatomical specimens include American, Japanese, European, Australian, and Far East organisations. The foreign exchange earnings of the petitioner have been considerable. Data of the said foreign exchange earning of the petitioner for 3 recent years is given below : <FRM>JUDGEMENT_52_AIR(CAL)_1990Html1.htm</FRM>

(3.) Up to Aug. 19, 1985 the petitioner exported the said goods after obtaining export licences against each shipment from the office of the Joint Controller of Imports and Exports in accordance with law and, or regulation in force at the relevant time.