2017 (10) TMI 920 - HC - Customs

Validity of N/N. 3/2015-2020 dated 25.4.2016 - import of dogs - Chapter 01 of ITC (HS), 2012 Schedule-1 (Import Policy) - dog imported to be a pet dog - Held that - Since the case of the petitioner herself is that she does not want to import dog(s) for the commercial purpose and only requires to import the dog(s) as pet dog(s), therefore, I do not find any kind of restriction imposed in the impugned notification especially in view of Clause 7(i) of the notification . Since, the import license of the petitioner is stated to have expired, therefore, the petitioner may, if so advised, apply for the import license for the pet dog(s), which shall be issued to the petitioner, in accordance with law. Petition disposed off.

Summary

Issues:
Challenge to the validity of a notification regarding the import of dogs under specific policy conditions.

Analysis:
The petitioner challenged the validity of a notification dated 25.4.2016 issued by the Director General of Foreign Trade regarding the introduction of policy conditions on the import of dogs. The petitioner, a dog lover with four pet dogs, held a valid import license that expired during the petition. The petitioner objected to the ban on the import of dogs for commercial activities under the notification, emphasizing that she did not engage in such activities but required the dogs for personal use. The respondents argued that the notification did not restrict the import of pet dogs, allowing it against an import authorization with valid documentation in the importer's name. They also highlighted the petitioner's failure to approach the respondent for redressal before approaching the court.

The court considered the arguments and found no restriction on importing pet dogs for personal use in the impugned notification, especially under Clause 7(i) which permits the import of pet dogs with valid documentation. The court advised the petitioner to apply to the competent authority under the Act and Policy for importing pet dogs with proper documentation. It instructed the competent authority to consider such applications promptly and issue import licenses within one month, providing an opportunity for a hearing if necessary. As the petitioner's import license had expired, the court advised her to apply for a new license following the legal procedures.

Therefore, the court disposed of the petition, ruling in favor of the petitioner's right to import pet dogs for personal use under the specified policy conditions, emphasizing the need to follow the legal process for obtaining import licenses.