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Issues:
Validity of import inclusive of incidental directions under Import and Export Policy, April 82 - March 1983 period. Interpretation of statutory instruments and Public Notice affecting import rights. Validity of import license and impact of subsequent Public Notice on importation. Entitlement to detention certificate and involvement of necessary parties. Detailed Analysis: 1. The judgment dealt with the validity of an import under the Import and Export Policy for the period of April 1982 to March 1983, along with certain incidental directions. The issue was whether the import was in compliance with the relevant regulations and policies governing imports during that period. The judgment focused on the interpretation and application of the Import and Export Policy provisions in relation to the specific consignment in question. 2. The judgment analyzed the impact of a Public Notice issued by the Chief Controller of Imports and Exports, which sought to amend certain provisions of the Import Policy. The petitioner argued that the Public Notice could not retrospectively affect the validity of an import license issued under statutory powers. The court examined the legal principles governing the amendment of statutory instruments by administrative powers and cited relevant case law to support the petitioner's contention. 3. The court considered the timeline of events related to the import, including the issuance of the import license and the subsequent Public Notice. It scrutinized the nature of the imported item, Oxytetracycline Hydrochloride, and its classification under the Import Policy. The judgment emphasized the distinction between statutory instruments and administrative directives in determining the legality of the importation. 4. The judgment also addressed the petitioner's entitlement to a detention certificate following the clearance of the consignment. It discussed the involvement of the International Airport Authority as a necessary party and clarified that the issuance of the detention certificate rested with respondent No. 1, irrespective of the involvement of other entities. The court underscored the petitioner's right to seek relief in the form of the detention certificate based on the circumstances of the case. 5. In conclusion, the court ruled in favor of the petitioner, declaring the importation of the goods as valid and directing respondent No. 1 to issue the requested detention certificate. The judgment discharged the Bank Guarantee and Bond furnished by the petitioner, ultimately granting the relief sought in the petition and absolving the parties from bearing each other's costs.
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