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TMI Blog2006 (8) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... tal Rights of the respondents under Articles 14, 20, 21 and 22 and constitutional rights under Article 300A of the Constitution of India. Consequential directions were also sought to the authorities to treat the surrender of imported raw material vide letter dated 20-6-1995 in accordance with the export and import Policy as well as in the Handbook of Procedures and also the provisions of the Foreign Trade (Development and Regulation) Act, 1992 and the Rules made thereunder. 2.Prior to this, what prompted the respondents to file the writ petitions was that the appellants started taking coercive steps against the respondents and contemplated initiating prosecution against the respondents under the Customs Act, 1962 and Foreign Trade (Develo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... commitment and therefore it became impossible for reasons beyond the control of the respondents to export the finished products. Since the goods were petroleum products that lose their strength with the passing of time, the respondents filed an application on 25-4-1994 for permission to sell the same to an import licence holder or to nominate somebody to whom the raw material could be surrendered, as contemplated under the export and import policy. [According to Mr. M.M. Paikadey, the learned senior counsel appearing for the Union of India, the said application was not received by the department]. After waiting for a period of fourteen months, the respondents identified a party who was holding a transferable licence and was eligible to imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st the respondents under the Customs Act, 1962. The imported material was diverted to the domestic market directly without the customs duty which works out to Rs. 2.54 crores. 7. The High Court, after referring to the provisions of the Act and the Rules, export policy and the procedure prescribed thereunder, came to the conclusion that para 128 of the scheme provides for regularisation of default in export obligation provided the default in fulfilment of export obligation was bona fide. That under the scheme, no stipulated time for making the application was prescribed and, therefore, there was a lacuna in the scheme. That it was open to the respondents to approach the licensing authority under para 128 of the scheme for regularisat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n notification No. 204 of 1992 within a period of three months from today. On receipt of the application though there is no such provisions under the Customs Act 1962 or Rules for regularisation or condonation of failure to fulfill the condition of an exemption notification the customs authorities are directed to consider the same and pass appropriate orders in accordance with law. It is open to the Customs authorities as well as the licensing authority to take action pursuant to the decision taken by them on the representations filed by the petitioners seeking a regularisation of the default committed by them. Till a decision is taken in the representation filed by the petitioners, the prosecution is stayed. The Director of Revenue Intelli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court remain the same. 10. Learned senior counsel appearing for the appellants, on a query put by the Court as to why the directions issued by the High Court were not compiled with, submitted that it was not done in view of the interim directions issued by the High Court on 31-10-1996. According to us, the interim order passed by the High Court came to an end with the passing of final order. In any case, it may be clarified that the interim order passed by the High Court did not mean that investigation had been stayed. The investigation may go on but till a decision is taken on the representation given by the respondents, no coercive steps against the respondents be taken under the Foreign Trade (Development Regulation) Act, 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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