2016 (7) TMI 41 - HC - Customs

Import of poppy seeds from the supplier of China - permission for import of restricted items - conditions for registration of import contract of Poppy seeds - constitutional validity of the Public Notice was put to challenge in W.P. 2016 (4) TMI 790 - MADRAS HIGH COURT and this Court vide order dated 05.04.2016, had set aside the Public Notice dated 27.01.2016 - Held that - second respondent directed to entertain the application dated 18.04.2016 in accordance with law in the light of the order as reported in 2016 (4) TMI 790 - MADRAS HIGH COURT - Decided in favor of appellant.

Summary

Issues:
1. Challenge to the constitutional validity of Public Notice dated 27.01.2016
2. Delay in processing application for import of poppy seeds
3. Interpretation of powers of the fourth respondent in imposing conditions for import
4. Intervention request by a third party in the case
5. Direction to the second respondent to entertain the application

Analysis:
1. The petitioner challenged the constitutional validity of Public Notice dated 27.01.2016, which was set aside by the court in a previous order. The petitioner entered into a sale contract for import but faced delays in processing the application, leading to the filing of the writ petition.

2. The petitioner highlighted the delay in processing their application for importing poppy seeds, causing them to face potential arbitration issues due to the delay. The court noted the lack of orders passed on the application and the petitioner's grievances regarding the situation.

3. The court analyzed the powers of the fourth respondent in imposing conditions for import. Referring to previous orders, the court emphasized that the fourth respondent could only impose conditions as per Chapter 12 of Exim Code 12079100. Any additional conditions imposed by the fourth respondent were deemed contrary to central government policies and beyond their jurisdiction.

4. A third party sought intervention in the case, suggesting that the application need not be processed until new policy decisions were made by the second respondent. The court opined that the third party should approach the second respondent for expediting new policy decisions rather than intervening in the current writ petition.

5. In the final decision, the court directed the second respondent to entertain the petitioner's application for importing poppy seeds in line with the previous order. The second respondent was instructed to pass orders within three weeks and communicate the decision to the petitioner, based on the legal framework outlined in the previous judgment.

This comprehensive analysis covers the key issues raised in the legal judgment, providing a detailed breakdown of the court's decision-making process and the legal principles involved in each aspect of the case.