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TMI Blog2018 (5) TMI 689X X X X Extracts X X X X X X X X Extracts X X X X ..... d the acts indulged in by the similar importers, then, this is not a case where we can agree with the petitioner's counsel that the refusal is ex-facie illegal, arbitrary and without any justification or legal basis - petition dismissed. - WRIT PETITION NO. 3303 OF 1988 - - - Dated:- 4-5-2018 - S. C. DHARMADHIKARI SMT. BHARATI H. DANGRE, JJ. Ms. Rekha P. Safari for the petitioner. Mr. Pradeep S. Jetly for the respondents. JUDGMENT :- (Per S. C. Dharmadhikari, J.) 1. This petition under Article 226 of the Constitution of India challenges the inaction of the authorities in not allowing clearance of certain imported goods, details of which are mentioned at Exhibits B-1 to B-3 . The petitioner complains that though it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... International does not suggest that the goods are not lining material. The petitioner complains that this is a stereotype inspection and test and therefore, it is nothing but an excuse for not clearing the consignments. 3. In paragraphs 7 and 8 of the writ petition, the petitioner states as under:- 7. The Petitioners state that against export of leather and leather goods imports of various materials falling under Column 4 Appendix 17 Group 'D' are permitted against REP Licences dealing with export product leather and leather goods. The Petitioners state that by Public Notice No. 140 dated 29.12.1986, the Respondents have specifically permitted the import of synthetic lining materials against various sub-items of Group D. Her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h a close nap on one side, the heavier qualities finished on both sides. It is generally heavier than duvetyn; uses sport coats gloves, linings, dresses and cleaning cloth. Hereto annexed and marked Exhibit 'F' is a xerox copy of the extract of the definition of lining and sued cloth as extracted from Fairchild's Dictionary of Textiles. Hereto annexed and marked Exhibit 'G' is an extract of the definition of lining and sude from Encyclopedia of Textiles setting out the process of Flocking of fabrics, leather, Cardboard etc., to obtain plush, sued and velvet effect. 4. Thus, the petitioner relies upon Stand Handbook of Textiles and earlier test reports to urge that the technical phrase Nylon Flocks on base kni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f there is suspicion of mis-declaration of the imported goods. It is stated that the three consignments of fabrics, each containing 5000 meters were declared as lining material. The import of goods/fabric was restricted as per the provisions of Import Export Policy 1985-88. The Central Government had framed a policy of encouraging the export of leather goods, according to which, exporters of leather goods were entitled to obtain import licences for replenishment of input requirements for export products i.e. leather goods. The import licences were issued to the importers for import of the items permitted by the import licences. However, when the goods, in this case, arrived, the import documents were presented. On presentation, an order for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... report of lining material. In the invoices, the goods were declared as Art Solk Fur cloth. 6. To our mind, when such is the finding reached by the respondents on examination of the previous import material and the acts indulged in by the similar importers, then, this is not a case where we can agree with the petitioner's counsel that the refusal is ex-facie illegal, arbitrary and without any justification or legal basis. We find that the petitioner withdrew the earlier petition unconditionally. We find that the petitioner allowed the inspection of the goods without any protest. We find that the goods were sent for first check examination and in the presence of the petitioner. All these activities were carried out in the Docks. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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