Home Case Index All Cases Customs Customs + SC Customs - 2015 (8) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (8) TMI 997 - SC - CustomsProhibition on import of Palm oil Violation of Article 14 Vide Notifications No. No.39 and 63 (RE-2007)/2004-2009 import of palm oil was prohibited through all ports of Kerala Appellants challenging validity of these Notifications on ground that they were ultra vires provisions of Section 3 of Foreign Trade (Development and Regulation) Act, 1992 and unconstitutional as offending Article 14 of Constitution Held that:- Since import price of crude palm oil has been much less than price of coconut oil, perception of Coconut growers in State of Kerala was that it was affecting their livelihood Huge import of palm oil had led to price decline in coconut It is more than abundantly clear that restriction is imposed keeping in view welfare of farmers in the State Respondents have been able to demonstrate intelligible basis for issuing impugned Notifications having rational nexus with objectives sought to be achieved Thus, it cannot be said that notification was violative of Article 14 of Constitution No material produced on record to show how impugned Notification would affect interests of consumers Section 3 empowers Central Government to make provision for: (i) prohibiting; (ii) restricting; or (iii) otherwise regulating 'the import or export of goods or services or technology', such action cannot be arbitrary or irrational and should be backed sound reasons Calcutta High Court in Kalindi Woolen Mills (P) Ltd. [1994 (2) TMI 70 - HIGH COURT AT CALCUTTA] overlooked aforesaid pertinent aspect which gives sufficient powers to Central Government to act in manner it has acted Therefore, no fault found with view taken by High Court upholding Notifications in question Decided against Appellant.
|