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2016 (9) TMI 669 - HC - Customsvalidity of notifications - import of betel-nuts - notification dated 4/6/2008 issued by the Government of India, Ministry of Commerce and Industry, Department of Commerce - Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy 2004-09 - Held that: - Merely for the reason that the DGFT also hold the post of Additional Secretary to Government of India does not mean that he cannot exercise the powers vested in him as per the Rules especially when he had issued the notification in accordance with the procedure prescribed after due approval of the concerned authority - when the notification has been issued clearly indicating that it is a notification under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy, 2004-09 and the power is exercised by the Central Government and when it is stated that the "Central Government hereby amends the Schedule-1" and the signature is made by the DGFT as Additional Secretary to Government of India as well, the learned Single Judge was not justified in forming an opinion that DGFT himself has issued the notification in terms of Section 5 of the Act. Notification dated 20/2/2007 - notification dated 10/7/2007 - notification dated 29/8/2007 - restriction imposed for importing betel nuts from Mangalore Port - Held that: - these notifications have already been superseded by the notification dated 4/6/2008, which has later on underwent further amendments as well. Hence, there is no necessity to consider the validity of the notifications dated 20/2/2007, 10/7/2007 and 29/8/2007. Matter remanded back for further consideration - appeal allowed - decided in favor of appellant.
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