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TMI Blog1991 (7) TMI 172X X X X Extracts X X X X X X X X Extracts X X X X ..... Sidhwa, for the Respondents. [Oral Judgment per : Pendse, J.]. By this petition filed under Article 226 of the Constitution of India, the petitioners are challenging legality of order dated March 21, 1991 passed by Deputy Chief Controller of Imports and Exports in exercise of powers under Clause 8-B of Imports (Control) Order, 1955. By the impugned order, it is directed that the grant o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being any material whatsoever available with the Deputy Chief Controller. The petition was lodged on 26-4-1991 prior to the closure of the Court for Summer Vacation but was taken for admission and interim relief during vacation. In the vacation, the petitioners secured certain ad-interim reliefs and directions were given to the respondents to file return. When the petition was placed before us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithout assigning any reason and without prejudice to any other action that may be taken, provided the Chief Controller is satisfied that without ascertaining further details in regard to such allegation, the grant of licence or allotment of imported goods will not be in the public interest. The return sets out that investigation prima facie revealed that the petitioners had obtained two Special Im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... huge illegal benefits. The return unmistakably establishes what was revealed from the investigation carried out by the Chief Controller of Imports and Exports and prima facie, makes it clear that the dealings of the petitioners in respect of the licences are not clean. In these circumstances, the exercise of powers to keep in abeyance the grant of licence and allotment of imported goods cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isclosed in the return, we refuse to exercise our discretion under Article 226 of the Constitution of India and disturb the order. Clause 8-B provides that abeyance order can remain in operation only for duration of six months and we are not inclined to disturb the said order, when prima facie we are satisfied that the conduct of the petitioners is not aboveboard. 5. Accordingly, petition is sum ..... X X X X Extracts X X X X X X X X Extracts X X X X
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