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2016 (7) TMI 41 - MADRAS HIGH COURT

2016 (7) TMI 41 - MADRAS HIGH COURT - 2016 (340) E.L.T. 273 (Mad.) - Import of poppy seeds from the supplier of China - permission for import of restricted items - conditions for registration of import contract of Poppy seeds - constitutional validity of the Public Notice was put to challenge in W.P. [2016 (4) TMI 790 - MADRAS HIGH COURT] and this Court vide order dated 05.04.2016, had set aside the Public Notice dated 27.01.2016 - Held that:- second respondent directed to entertain the applicat .....

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affidavit filed in support of this writ petition. The petitioner would state that poppy seeds are classified under Exim Code 12079100 of the ITC (HS) and could be imported freely into India subject to satisfaction of policy principles in Chapter No.12. The policy conditions are as follows: Policy condition of this Chapter (3) Import of Poppy seeds (Exim Code 12079100) shall be allowed subject to the following conditions: (a) Import permitted only from Australia, Austria, France, China, Hungary, .....

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ued a Public Notice No.1/2016 dated 27.01.2016 detailing the process and conditions for registration of import contract of Poppy seeds. It is further stated by the petitioner that the constitutional validity of the above said Public Notice was put to challenge in W.P.No.5019 of 2016 and this Court vide order dated 05.04.2016, had set aside the Public Notice dated 27.01.2016. The petitioner after the said order entered into a sale contract No.KLD-7627 with Lanzhou Keyleader, Import and Export Com .....

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ng threatened with arbitration and other actions as per the contract on account of the delay and therefore, came forward to file this writ petition. 3. Mr.P.S.Raman, learned Senior Counsel assisted by M/s.Lakshmi Kumaran, learned counsel appearing for the petitioner has drawn the attention of this Court to the order dated 05.04.2016, made in W.P.No.5019 of 2016 [M/s.Green Globe Trading Company, Chennai Vs. The Union of India, Represented by its Secretary, Department of Revenue, Ministry of Finan .....

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y to the policies framed by the Central Government under Exim Code and since the said order is not put to challenge so far, the respondents are under obligation to consider the application submitted by the petitioner and prays for appropriate orders. 4. Per contra, Mr.B.Rabu Manohar, learned Senior Counsel who accepts notice on behalf of the second respondent, has produced a written communication dated 14.06.2016 in F.No.II(26) 3/CHN/Bora/2015 and would submit that in the light of the order pass .....

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s considered the rival submissions and also perused the materials placed. 7. It is relevant to extract paragraph Nos.19 and 21 of the order dated 05.04.2016 made in W.P.No.5019 of 2016 (Cited Supra): 19. On a reading of Section 3, 5 and 6 mentioned above, it is evident that even for regulating or effectively implementing the policy of the Central Government, the fourth respondent has no power to impose any other conditions other than the one prescribed in EXIM Code 1207 91 00 relating import of .....

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d that the fourth respondent has to confine the exercise of his power only in relation to the duties and responsibilities spelt out in Chapter 12 of Exim Code 1207 91 00 relating to import of poppy seeds and they are (i) whether the import of the poppy seeds is from one of the designated countries (ii) whether the importer has a certificate from the competent authority of the exporting country to the effect that opium poppy seeds have been legally grown in that country as per the requirements of .....

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lated in Chapter 12 of Exim Code 1207 91 00 mentioned above, in the impugned public notice relating to drawal of lots, restricting the quantity of import, prescribing time frame for receipt of applications etc., and such conditions would only amount to varying, modifying and virtually amending the policies of the Central Government to which the fourth respondent is not empowered to. 21. Admittedly, the three conditions imposed in Chapter 12 of Exim Code 1207 91 00 have not been amended by the Ce .....

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he power of the fourth respondent to impose the conditions in the public notice, which is impugned in this writ petition, as a measure of regulating and controlling the import of poppy seeds. I am unable to accept this contention. It is well settled that circulars, administrative instructions or letters of authorisation cannot over ride the statute. The Export-Import Policy announced by the Central Government in exercise of power under Section 5 of the Foreign Trade (Development and Regulation) .....

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