1993 (7) TMI 87

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..... stated that persons who are physically handicapped can import cars and for which import licence or CCP will not be necessary for clearance of a vehicle. To enable a person, who is physically handicapped to import car, the Appendix provided that the state Civil Surgeon or head of concerned wing in a Government Hospital must issue a certificate detailing nature and extent of disability and justifica .....

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..... gear system. 2. Some time after May 25, 1983, the Section Officer, Government of India, Ministry of Finance, informed the petitioner that the permission to import car with duty concession is regulated by Notification dated May 25, 1983 and Notification requires satisfaction of certain conditions. The petitioner advised to approach the Collector of Customs, Bombay, in case the petitioner satisfie .....

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..... f income was not produced, while the last ground was that on scrutiny of medical certificate, the disability shown was not sufficient to justify import of specially designed car. The decision was communicated to the petitioner by letter dated October 13, 1986. In the meanwhile, on March 20, 1984, the petitioner filed the present petition under Article 226 of the Constitution claiming writ of manda .....

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..... el further submitted that the claim of the Screening Committee that the application was not filed before December 27, 1982 and proof of income was not produced is not correct. We will accept the claim of the learned counsel and proceed to examine whether the third ground that the disability claimed by the petitioner was not sufficient to justify import of specially designed car is correct or other .....

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..... the loss of two fingers of right hand is not a disability which would justify import of specially designed car. The petitioner is working as a partner in Export House and, in our judgment, the decision of the Screening Committee that the disability does not entitle the petitioner to import a car cannot be faulted. In these circumstances, the petitioner is not entitled to any relief. 5. According .....

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