TMI Blog2016 (9) TMI 669X X X X Extracts X X X X X X X X Extracts X X X X ..... l 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 impor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent specifications were permitted to be imported provided the cif value is `35 per Kilogram and above. Prior to the aforesaid notification, free import of betel nuts of different specifications was permitted. Certain other notifications were also challenged, which were dated 20/2/2007, 10/7/2007 and 29/8/2007. Those notifications relate to restriction imposed for importing betel nuts only from Mangalore Port. 2. Learned Single Judge did not go into the merits of the contentions urged, but allowed the writ petitions on a limited ground by forming an opinion that the Director General of Foreign Trade has no jurisdiction to issue a notification under Section 5 of the Foreign Trade (Development and Regulation) Act (hereinafter referred to as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said notification indicates as under; S.O.(E) In exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy 2004-09, the Central Government hereby amends Schedule-I (Imports) of the ITC (HS) Classifications of Export and Import Items, 2004-09 as under: The notification is signed by the Director General of Foreign Trade and Ex-Officio Additional Secretary to the Government of India. There is clear indication in the notification that it is issued on behalf of the Central Government, signed by the DGFT and Ex- Officio Additional Secretary to the Government of India. 5. When the notification has been issued clearly indicating that it is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the above extent is liable to be set aside. 7. Learned counsel for the writ petitioners would however submit that they have substantial contentions based on merits of the case especially with reference to the manner in which the notification had been issued and whether there was proper materials to issue such notification at that stage. Learned counsel appearing on behalf of the Customs authorities would submit that they have filed a counter affidavit controverting the stand taken in the writ petitions, which was not considered by the learned 8. Be that as it may, the entire issues which had been projected on merits have to be considered by the learned Single Judge as we are remitting the matter after setting aside the judgment of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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