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1961 (4) TMI 9 - SC - CustomsWhether a particular policy as regards imports is, on a consideration of all the various factors involved, in the general interests of the public? Held that:- The attack on the validity of para 6(h) of the Imports Control Order, 1955 fails. The contention that Section 3 of the Imports and Exports Control Act, 1947, is bad to the extent that it permits the Government to make an order as in para 6(h) of the Imports Control Order, 1955, consequently also fails. The attack on this provision in para 6(h) of the order that it contravenes Article 31 is not even plausible. Assuming for the purpose of this case that the right to carry on trade is itself property, it is obvious that there is no question here of the acquisition of that right. It is clear however that though it was open to these petitioners to apply for licences under the Export Promotion Scheme they made no application for licence thereunder. There is no scope therefore for the argument that they have been discriminated against. Appeal dismissed.
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