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2016 (9) TMI 669 - KERALA HIGH COURT

2016 (9) TMI 669 - KERALA HIGH COURT - 2016 (339) E.L.T. 215 (Ker.) - validity 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 .....

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ated 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 notification .....

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90, 1591, 1600, 1622 & 1696 of 2011 - Dated:- 4-1-2016 - ASHOK BHUSHAN, C.J. And A.M. SHAFFIQUE, J. Sri. P.J. Philip, C.G.C. and Sri. N. Nagaresh, Assistant Solicitor General for the Appellant. Sri. John Varghese, SC, Sri. C.K. Karunakaran and Sri. P. Haridas Advocates for the Respondents. JUDGMENT Shaffique, J. These appeals have been filed by the Director General of Foreign Trade and Union of India challenging a common judgment dated 2/11/2010 of the learned Single Judge by which the writ peti .....

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ve. 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 .....

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counsel for the appellants that the files pertaining to the notifications were available for production before this Court. Accordingly, by letter dated 21/5/2014, learned counsel for the appellants had produced three files before this Court. A perusal of the files clearly indicates that the Director General, Foreign Trade has issued the notification based on the decision taken by the Central Government and also in the capacity of Additional Secretary to the Government and therefore, the judgment .....

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s only with reference to the finding of the learned Single Judge with reference to notification dated 4/6/2008. 4. The opening paragraph of the 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:&qu .....

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ph 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, we do not think that the learned Single Judge was justified in forming an opinion that DGFT himself has issued the notification in terms of Section 5 of the Act. Further files produced in the case also indicates that t .....

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