9911796707
TMI Blog1974 (4) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... s and the basic questions for determination are the same. They will therefore be disposed of by a common judgment. The petitioner-firm is dealing in the manufacture of automobile parts, wires and cables. The petitioner made four applications on November 5,1969, March 23,1970, November 5, 1970 and November 6,1970, for the grant of licences to import stainless steel sheets and electrolytic copper wire bars, for the period April-March 1970 and April- March 1971. At the time of the receipt of the first application dated November 5, 1969, Respondent 3 (Deputy Chief Controller of Imports and Exports, Hyderabad) received some complaints that the petitioner-firm was mis-utilizing the imported material. After a preliminary investigation made by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... end product of automobile parts as their import has been prohibited in terms of the existing in instructions; (2) Since the petitioner-firm was a manufacturer of automobile parts import of Electrolytic copper wire bars for end use of automobile parts is not permissible . The petitioners challenge the aforesaid orders of November 7, 1972 passed by the 3rd Respondent, on the ground that in view of the Import Policy contained in the Red Book for the relevant period,. they were entitled to the grant of these import licences, and that the existing instructions on the basis of which their applications were rejected, could not override that Import Policy. In any case, these instructions are unconstitutional; they do not amount to reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the year 1969-70 in respect of the materials in question can now be granted because of the restrictions subsequently imposed by import Control Policy of the year 1972. In reply, Mr. Chitale submits that the Respondents have not followed the mandatory procedure prescribed in the Import Trade Control Hand Book, contravention of which entitles the petitioners to the issue of a writ of Certiorari or any other appropriate order or direction from this Court. This contravention, it is added, has, in effect, violated the fundamental rights of the petitioners under Articles 14 and 19 of the Constitution. We find no merit in the preliminary objection that the writ petition on behalf of the firm is not maintainable. Since firm stands for al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r is so contrary to the established procedure or rules of natural justice that it results in violation of a fundamental right. The instant case is clearly not covered by any of the categories. Herein, it is not contended that the Import and Export (Control) Act, 1947 or any Order or rule made thereunder is ultra vires. Nor is the validity of the Import Control Policy Statement (for the period April-March 1969) known as Red Book impeached. Indeed, this Policy statement is the sheet-anchor of the petitioners claim. Such a Policy Statement, as distinguished from an Import or Export Control order issued under s.3 of the said Act, is not a statutory document. No person can merely on the basis of such a Statement claim a right to the gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Respondent 3 due to ulterior motives, or that the refusal to grant the licences was violative of the rules of natural justice. So that as it may, on the basis of an Import Trade Policy an applicant has no absolute right, much less a fundamental right, to the grant of an import licence. The nature of such a claim came up for consideration before this Court in Deputy Assistant Iron and Steel Controller and anr. v. L. Maneckchand, Proprietor, Katrella Metal Corpn., Madras. ( [1972] 3 S.C.R. 1) That was an appeal by special leave against the judgment of tile High Court rendered in exercise of writ jurisdiction under Art. 226. The writ-petitioner asked for the issue of a Mandamus requiring the authorities to consider his application for lic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Court in Maneckchand s case (supra) are relevant and ,nay be extracted ....it has to be borne in mind that in the present stage of our industrial development imports requiring foreign exchange have necessarily to be appropriately controlled and regulated. Possible abuses of import quota have also to be effectively checked and this inevitably requires proper scrutiny of the various applications for import licence. In granting licences for imports, the authority concerned has to keep in view various factors which may have impact on imports of other items of relatively greater priority in the larger interest, of the overall economy of the country which has to be the supreme consideration . Lastly, there is no question of the violati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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