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2008 (12) TMI 205 - HIGH COURT OF MADRASImport of Betul Nut – Restriction – constitutional validity – Notification no. 25 (Re-2007)/2004-2009 dated 29-8-2007 - Article 14, 226 of the constitution of India - held that – object of restriction Notification falls within the four corners of the Foreign Trade Policy 2004-2009 and the Act. The object of the Act would surely be achieved by allowing import only through the Mangalore Port. Thus, having a overall view of the entire scenario, I find that the impugned notification squarely falls within the constitutional norms - For restricting the smuggling activities, restriction of import only through a single port cannot be justified. In the cases cited supra, the Calcutta High Court and this court have discountenanced the said reason and have struck down the Notification. So, I do not approve the said reason. However, on this ground, the notification cannot be struck down - The Impugned Notification is intra vires the Constitution of India which does not require any interference.
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