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2010 (11) TMI 167 - HC - CustomsDGFT - Import restriction - Writ petitions have been filed by importers of betel nuts, challenging Notification No. 15 (RE-2008)/2004-2009 dated 4-6-2008 issued by the Director General of Foreign Trade in the purported exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992, incorporating the condition that import of betel nuts, whole, split, ground and others, will be permitted freely provided the CIF value is Rs. 35/- per Kilogram and above. The Central Government which can formulate export and import policy and amend the said policy - It also is evident that the power conferred on the Central Government u/s 5 cannot be delegated to the Director General of Foreign Trade appointed u/s 6 of the Act - Thus the notification has been issued by the Director General of Foreign Trade, it has to be concluded that the notification is issued without jurisdiction - As per the judgment of the Madras High Court, the Notification dated 4-6-2008 issued by the Director General of Foreign Trade is illegal and is to be set aside - Hence, writ petitions will allowed setting aside the notifications.
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