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TMI Blog2016 (2) TMI 1350X X X X Extracts X X X X X X X X Extracts X X X X ..... ere also authorised to revise it. Power to fix a rate without any power to revise the same does not amount to any power, to fix the rates, any more than there can be a power to appoint without a corresponding power to dismiss. The learned Trial Court has held the DGFT functions as a limb of the Central Government and not as a delegatee and mere non-mentioning of the specific source of power does not invalidate the entire executive action. Having done so it could not have been held that the impugned notification was not an act of the Central Government under section 5 of the Foreign Trade (Development and Regulation) Act, 1992. Reliance placed by the learned Trial Court upon paragraph 2.6 of the Foreign Trade Policy, quoted above, is altog ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 2014, MAT 142 of 2015, CAN 1324 of 2015, MAT 144 of 2015 and CAN 1326 of 2015. Girish Chandra Gupta And Indrajit Chatterjee, JJ. Mr. Somenath Bose, Mr. Anirban Mitra, Ms. Sonia Sharma Mr. Lal Mohan Hazra, Mr. Somesh Panja and Mrs. Moutusi Hazra for the Appellants. Mr. Pranab Kumar Dutta, Mr. Shovendu Banerjee, Mr. Mr. N.K. Choudhury, Mr. Arijit Chakraborty, Mr. Nilotpal Choudhury, Mr. Debaditya Banerjee Mr. R. Bharadwaj and Mr. K.K. Maity for the Respondents. ORDER All the appeals are directed against a common Judgment and order. Therefore all the appeals are taken up for hearing together. 2. The two grounds on the basis of which the writ petition was allowed by the learned trial Court are as follows: (a) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992. 4. The learned Trial Court held that the impugned notification cannot be sustained as the prohibition can also be made by way of an Order published in the Official Gazette. In order to show that the impugned notification amounted to imposing prohibition the learned Trial Court took assistance of the definition of the expression prohibited goods appearing in section 2(33) of the Customs Act. 5. We are unable to agree with the learned Trial Court that no such exercise was permissible. The Foreign Trade (Development and Regulation) Act, 1992 is an act both for the purpose for development and regulation of foreign trade. There cannot be any development withou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, is a mere implementing authority. Any restrain on the power of implementing authority cannot be treated also as a restrain or limitation on the power of Central Government. Therefore, both the grounds assigned by the learned Trial Court are without any merit and therefore cannot be sustained. 6. Our attention has, however, been drawn by Mr. Dutta, learned Senior Advocate, appearing for the respodents/writ petitioners that there were substantial grounds taken in the writ petition to which the learned Trial Court did not give any attention though submissions were made on that basis. He drew our attention to ground Nos. 18 and 19 in the writ petition to show that the impugned policy is irrational and is detrimental to the interest of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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