TMI Blog2023 (3) TMI 1337X X X X Extracts X X X X X X X X Extracts X X X X ..... cy). The Gazette Notification Extraordinary unambiguously stipulates that In exercise of powers conferred by Section 3 of Foreign Trade (Development and Regulation) Act, 1992, read with paragraphs 1.02 and 2.01 of the Foreign Trade Policy, 2015-2020, as amended from time to time, the Central Government hereby amends the Import Policy Condition No.3 of Chapter 12 of ITC (HS), 2012 . Thus the amendment was issued by the Central Government in exercise of the powers conferred under Section 3 of the Foreign Trade (Development and Regulations) Act, 1992, the alleged signature of the Director General of Foreign Trade made pursuant to the application of powers under Administrative Law shall not invalidate the Notification, which is otherwise, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me, which envisaged submission of import contracts for specified quantities to the Office of the fourth respondent, who on receipt of the same, would register the said contract, pursuant to which imports were permitted in respect of the quantity mentioned in the said contracts. 3. The grievance of the petitioner is that the impugned Amendment in the Import Policy Condition No.3 of Chapter 12 of ITC (HS) 2012 Schedule I (Import Policy) has been issued in the Gazette of India Extraordinary Part II, Section 3, Sub Section (ii) dated 29.07.2016. 4. The petitioner states that the amendment Notification issued by the Director General of Foreign Trade is without jurisdiction and he being not the Competent Authority, the amendment is to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter 12 of ITC (HS), 2012, Schedule I (Import Policy) which at present reads as under: 2. (3) Import of Poppy Seeds (HS Code : 120791 00) shall be allowed subject to the following conditions: (a) Import permitted only from Australia, Austria, France, China, Hungary, the Netherlands, Poland, Slovakia, Spain, Turkey and Czech Republic, United Kingdom, Democratic People's Republic of Korea, Macedonia, Germany and Ukraine; (b) The importer shall produce an appropriate certificate from the Competent Authority of the exporting country that Opium Poppy have been grown licitly / legally in that country, and (c) All import contracts for this item shall compulsorily be registered with the Narcotics Commissioner, Gwalior prio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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