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TMI Blog1987 (7) TMI 246X X X X Extracts X X X X X X X X Extracts X X X X ..... n-Restricted Types of Ball Bearings of an approximate value of Rs. 2,00,000/-. A letter of authority was endorsed by the State Trading Corporation of India Ltd. in favour of the petitioners authorising the petitioners to import the permissible goods. 3. On the basis of the aforesaid letter of authority and the licence, the petitioners imported Bulgarian Ball Bearing Type No. 203. The goods arrived at the Calcutta Port and the Customs Authorities were of the opinion that the clearance of the same was not permissible in view of the import policy for the year 1968-69. According to the import policy certain types of the ball bearings were banned. Appendix 14(l)(a) of the said import policy reads as under :- BANNED TYPES OF BALL BEARINGS FA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the two types of ball bearings was different. Details of the specifications of the bearings which were imported was also handed over. Though the bearings imported by the petitioners were Deep Groove Single Row Radial Ball Bearings, nevertheless the number of balls in the bearings were only seven as compared to eight in SKF No. 6203 and further the ball bearings which were imported by the petitioners were pre-greased and did not require any greasing during operation. The Deputy Collector of Customs by an order dated 8th July, 1970, however, came to the conclusion that the goods imported were a banned item and ordered of its confiscation but gave the petitioners an option of removing the goods on payment of Rs. 50,000/- as fine. 5. An appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was vehemently contended by the learned Counsel for the petitioner that the ball bearings imported by the petitioners were not identical to the ball bearings which had been banned and, therefore, the orders of the respondents were not correct. According to the learned Counsel, it was evident, and accepted by the respondents, that whereas the ball bearings imported by the petitioners had only seven steel balls in the bearing, the ball bearing of SKF 6203 had eight. The result of this was that the load bearing capacity of two types was different. Furthermore, whereas the ball bearings of SKF required greasing during operation, the ball bearings imported by the petitioners were pre-greased and did not require any such maintenance during operat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... permissible or not. Reading of the import policy shows that if the ball bearings imported are of a particular dimension then the import of the same is banned. In the present case the finding of fact arrived at by the authorities concerned is that the physical dimension of the ball bearings imported by the petitioners are the same as indicated in respect of SKF 6203 and this being so, the conclusion of the authorities was right namely that the ball bearings imported by the petitioners were not permitted to be imported. 9. It was then contended by the learned Counsel for the petitioners that in the appendix what is specified are the ball bearings bearing specifications marks of either ISI No. 17BCO2 or Hoffmann No. 117 or SKF No. 6203. Wha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he word equivalent in the year 1970-71 was merely of clarificatory nature and the non-use of the said word for the earlier years did not mean that similar or equivalent type of ball bearings were permitted to be imported. The matter may be examined from another angle. The import policy is concerned with the import of types of goods coming into the country. According to the import policy, ban was imposed on the import of Deep Groove Single Row Radial ball bearings of the dimension mentioned therein. It will be negating the intention of the import policy if it was to be construed as permitting the import of Deep Groove Single Row Radial ball bearings of the dimension mentioned therein if it did not have ISI, Hoffmann or SKF number specified ..... X X X X Extracts X X X X X X X X Extracts X X X X
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