1995 (11) TMI 97 - HC - Customs

Summary

Issues:
Petitioner seeking quashing of orders for not granting Duplicate REP licence and directions for issuance of Duplicate licences.

Analysis:
The petitioner, engaged in the export of marine products, claimed not receiving Duplicate REP licences despite being entitled to them. The petitioner stated that after being directed to receive two REP licences, they received a registered envelope containing blank papers, leading to the suspension of the licences by the Deputy Chief Controller of Import and Export. The petitioner's requests for Duplicate licences were denied, and statutory appeals were dismissed. The respondents contended that the licences were dispatched via registered post, and the suspension was due to the reported loss of licences. The petitioner's case did not strictly align with the guidelines for issuing Duplicate licences as per REP Circular No. 24/91.

The court examined the conditions for issuing Duplicate licences as per the guidelines in Annexure P-7. The guidelines allowed for Duplicate licences in cases of loss in post offices, postal transit, or customs department. The court noted that since the petitioner reported receiving blank papers promptly and the licences were suspended to prevent misuse, there was no evidence of misuse. The court opined that the authorities should have considered the possibility of loss in transit, especially since the licences were not received by the petitioner.

Consequently, the court found it appropriate to grant relief to the petitioner by quashing the impugned orders and directing the issuance of Duplicate licences within four weeks. The court emphasized that the petitioner's case warranted the issuance of Duplicate licences based on a liberal construction of the guidelines, considering the circumstances of the case.

Therefore, the court allowed the writ petition, set aside the impugned orders, and instructed the respondents to issue Duplicate Licences in compliance with the law for the specified licences.