9911796707
TMI Blog1987 (7) TMI 459X X X X Extracts X X X X X X X X Extracts X X X X ..... was that the items of the aforementioned spices was deleted from Appendix 6 and it was added in part A Appendix 5, as item 32-A. 2. On 1st April 1986 an order No. 49/85-88 was issued in exercise of the powers conferred by Section 3 of the Imports and Exports (Control) Act, 1947 by the Central Government whereby general permission (OGL 15/86) was given to import into India from any country except the union of South Africa/South West Africa goods of the description specified in the schedule annexed to the order subject to the conditions mentioned therein. The schedule contains the items cinnamon/cassia and cloves (serial No. 10). 3. On the same date, another order No. 40/85-88 under the heading Open General Licence No. 6/86 was issued un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner, we may reproduce the relevant portion of Section 3 of the Imports (Control) Order, 1955, and it reads as under: 3. Restriction of Import of certain goods. - (1) Save as otherwise provided in this Order, no person shall import any goods of the description specified in Schedule I, except under and in accordance with a licence or a customs clearance permit granted by the Central Government or by any Officer specified in Schedule II. 7. The contention of Mr. Anand is that the government could only have made an amendment in order No. 40/85-88 by issuing an order under Section 3 and that since there is no order under Section 3 amending Appendix 5, the addition of the items of cloves and cinnamons in Appendix 5 by issuing a publi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issuance of the order under Section 3 on 26th September 1986 was necessitated because the amendment was to be made in the schedule appended to OGL 15/86, which order also was under Section 3 of the Imports and Exports (Control) Act. The amendments in Appendices 5 and 6 were made by public notices. 10. We see no legal infirmity in the amendments made in Appendix 5. 11. We otherwise also see no legal justification for interference. Admittedly, the general public cannot import cinnamons and cloves under the Open General Licence. The items canalised for import through designated public sector agencies are listed in Appendix 5 part A and part B. Whenever a shortage arises or is apprehended in respect of any item, the import of which is not p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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