9911796707
TMI Blog2016 (9) TMI 669X X X X Extracts X X X X X X X X Extracts X X X X ..... on of India challenging a common judgment dated 2/11/2010 of the learned Single Judge by which the writ petitions filed by the writ petitioners were allowed on a limited ground. The challenge in the writ petitions was with reference to certain notifications issued by the Central Government. One such notification is Ext.P1 produced in WA No.480/2011. It is a notification dated 4/6/2008 issued by the Government of India, Ministry of Commerce and Industry, Department of Commerce by which betel nuts of different specifications were permitted to be imported provided the cif value is `35 per Kilogram and above. Prior to the aforesaid notification, free import of betel nuts of different specifications was permitted. Certain other notifications wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted by the learned counsel for the appellants that those notifications have already been superseded by the notification dated 4/6/2008, which has later on underwent further amendments as well. Hence, we do not think that there is any necessity to consider the validity of the notifications dated 20/2/2007, 10/7/2007 and 29/8/2007. What we are concerned is only with reference to the finding of the learned Single Judge with reference to notification dated 4/6/2008. 4. The opening paragraph of the said notification indicates as under; "S.O.(E) In exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy 2004-09, the Central Government hereby ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that the notification has been issued as per the policy of the Central Government. Merely for the reason that the DGFT also hold the post of Additional Secretary to Government of India does not mean that he cannot exercise the powers vested in him as per the Rules especially when he had issued the notification in accordance with the procedure prescribed after due approval of the concerned authority. Under such circumstances, we are of the view that the judgment of the learned Single Judge to the above extent is liable to be set aside. 7. Learned counsel for the writ petitioners would however submit that they have substantial contentions based on merits of the case especially with reference to the manner in which the notification had been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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