9911796707
TMI Blog2015 (10) TMI 1538X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner from making complaints to respondents for violation of policy – Decided in favour of Revenue. - W. P. (C) No. 3386/2012 - - - Dated:- 13-10-2015 - Hon'ble Mr. Justice Rajiv Sahai Endlaw, J. For the Petitioner : Mr. Rudra Nath Sinha, Adv. For the Respondents : Ms. Gunjan Bansal for Mr. Arun Bhardwaj, CGSC for R-1 2. Mr. Satish Kumar, Sr. Standing Counsel for R-3. ORDER 1. The petition is ripe for hearing. 2. The counsel for the petitioners however seeks adjournment on the ground that the senior engaged by the petitioners is engaged out station today. 3. The counsel for the respondent no.3 Ministry of Finance through Chairman, Central Boards of Excise and Customs states that the petitioners are unn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e two countries; (iii) the purport of the said Policy was to improve the relationship between the two countries and to make available across the LoC commodities / items grown in the vicinity of LoC; (iv) with that object in mind, a list of items was prepared in which trade across the LoC is permitted and which list included Almonds; (v) however in the garb of trading Almonds across the LoC, Californian Almonds are being brought into India from Pakistan affecting the petitioners; and, (vi) Pakistan is not known much as an Almonds growing country and from the value of trade it is evident that the Almonds being brought to India from Pakistan under the said Policy are not the Almonds grown in Pakistan but Californian Almonds. Accordingly, cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms in which the said trade is permitted, it is not for this Court to intervene and to decide whether the trade across LoC in Almonds should be permitted or not. Moreover, the petitioners have not made out any ground for interference with the said Policy decision of the respondents. The grievance of the petitioners is of misuse of the Policy. The counsel for the respondent no.3 is correct in his contention that the remedy for such grievance is by making complaints against the said specific individuals and with respect to specific transactions of items not entitled to be traded being traded in the garb of the Policy. 10. The settled principle that the mere possibility of abuse of a provision of law does not per se invalidate a legislation ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
