In para 215 of the said Policy certain additional facilities have been given in the matter of imports by Export Houses under Additional licences issued to them.
459 of 1988 herein were pending in the Bombay High Court, this Court decided Civil Appeal No.
The Import Export Policy 1988 1991 also companytains in para 214 and 215 provisions for grant of Additional licences to Export Houses.
1483 of 1987 filed by M s. D. Naveen Chandra Company.
xxx It appears that the petitioners were number able to make imports under the said Additional licences till March 31, 1988.
199 of 1986, the decision dated 12.9.86 in the case of M s Godrej Soap Pvt.
Similarly, the petitioners in writ petition No.
These licences were valid for a period of 12 months and they companytained the following endorsement This licence in valid for import of items permissible to Export Houses under the Additional Licence category as per para 176 of Import Policy for the period 1978 79 excluding those items which were banner in the policy for the period 1978 79 and those which have been specifically banned in the prevailing Import Policy, 1985 88, pursuant to and subject to the decision of the Supreme Court dated 5.3.1986 in M s. Raj Prakash Chemicals case civil appeal No.
Harish N. Salve, S.V. Kamdar and M.N. Shroff for the Petitioners.
P. 1000 In accordance with the directions given by the Bombay High Court the petitioners in writ petition No.
The Judgement of the Court was delivered by C. AGRAWAL, J. These petitions under Article 32 of the Constitution raise a companymon question as to the validity of sub para 10 of para 218 of the Import Export Policy for the period April, 1988 to March, 1991.
petitions No.
460 of 1988 herein were granted the Export House Certificate and an Additional licence dated August 31, 1987.
While giving the said direction the High Court imposed a companydition in the same terms as laid down by this Court in its order dated April 18, 1985, referred to above.
20021 22 of 1986 in civil appeal No.
4978 of 1985 the decision dated 15.5.1986 in the case of M s. Indo Afghan Chamber of Commerce writ petition No.
Ltd. civil appeal No.
With effect from April 1, 1988, the Government of India issued the revised Import Export Policy for the period April, 1988 to March 1991.
The goods were number cleared by the customs authorities and the Collector of Customs imposed penalty and passed orders for companyfiscation of the goods and permitted the appellants to take delivery of good on payment of redemption fine.
K. Goswami, Additional Solicitor General, Kailash Vasdev and Ms. A Subhashini for the Respondents.
459 of 1988 herein were granted the Export House Certificate and were also granted an Additional licence dated November 16, 1987.
3418/1986 the decision dated 12.9.1986 in the case of M s Star Diamonds Company of India in civil misc.
Raj Prakash Chemicals Ltd. Anr.
One of those writ petitions filed by the petitioners in writ petition No.
The Import Export Policy for the period April 1978 to March 1979, in para 174, made provision for grant of certain import facilities to Export Houses which were registered in accordance with the provisions of the said Policy.
While the said appeal and the other writ petition filed by the petitioners viz.
The petitioners in both these writ petitions are partnership firms carrying on business of import of rough diamonds and export of cut and polished diamonds.
Vijay Kumar Co. etc.
v. Union of India Ors.,
v. Collector of Central Excise and Customs, 1991 1 Scale 33 held inapplicable.
460 of 1988 herein was dismissed by a learned Single Judge of the High Court and the said petitioners filed an appeal before a Division Bench of the High Court.
The said order refusing the Export Certificate was challenged by the petitioners by filing writ petitions under Article 226 of the Constitution before the Bombay High Court.
ORIGINAL JURISDICTION Writ Petition No.
One of the said facilities was grant of an Additional licence in terms of para 176 of the said Policy for an amount to be calculated at one third the f.o.b.
value of the exports of select products made by the Export House in the year 1977 The petitioners submitted application for registration as Export Houses and for grant of Export House Certificate which would have entitled them to the grant of such Additional licence.
v. Collector of Central Excise and Customs, 1991 1 Scale 33.
The said applications of the petitioners were rejected by the authorities on the view that petitioners had failed to diversify their export of Other Products during the year 1977 78.
Under Article 32 of the Constitution of India .
2924/1984 and the decision dated 15.4.1987 in the writ petition No.
459 460 of 1988.
writ petition No.
