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Issues:
1. Challenge to orders of the Government of India for confiscation of imported Ball Bearings. 2. Interpretation of import policy regarding banned types of Ball Bearings. 3. Dispute over the similarity of imported Ball Bearings to banned types based on dimensions and specifications. Detailed Analysis: 1. The petitioners challenged the orders of the Government of India for the confiscation of Ball Bearings they imported, with an option to clear the goods on payment of a fine. The State Trading Corporation of India Ltd. had authorized the import of 'Non-Restricted Types of Ball Bearings' from Bulgaria. However, Customs Authorities deemed the clearance impermissible under the import policy due to similarities in dimensions with banned types of ball bearings. The petitioners contended that the imported bearings were different and provided certificates and data to support their claim. Despite their efforts, the authorities upheld the confiscation orders, leading to the writ petition challenging the decisions. 2. The crux of the issue lies in the interpretation of the import policy regarding banned types of Ball Bearings. The import policy specified banned types based on dimensions, particularly for Deep Groove Single Row Radial Ball Bearings. The authorities focused on the physical dimensions, concluding that the imported bearings matched the banned SKF 6203 type. The court emphasized that the import policy categorizes ball bearings based on dimensions, irrespective of other specifications like load-bearing capacity or manufacturing material. The use of the word 'types' in the policy indicated a dimensional categorization for determining permissibility. The court upheld the authorities' decision based on the dimensional similarity to the banned SKF 6203 type, emphasizing adherence to the import policy's terms. 3. The dispute revolved around the contention that the imported Ball Bearings did not bear the specified marks in the import policy, such as ISI No. 17BCO2 or SKF No. 6203. The petitioners argued that the bearings were not identical to the banned types, citing differences in steel ball count and pre-greasing requirements. However, the court clarified that the import policy focused on the type of ball bearings based on dimensions, regardless of specific marks. The court rejected the argument that equivalent types were permissible, emphasizing that the ban applied to Deep Groove Single Row Radial ball bearings meeting specified dimensions. The court concluded that the authorities' decision aligned with the import policy's intent, dismissing the writ petition based on the dimensional similarity between the imported bearings and the banned type.
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