Pre-import condition under foreign trade policy found ultra vires, so breach proceedings could not continue.

The pre-import condition inserted in the Foreign Trade Policy 2015-2020 and the corresponding customs notification was treated as invalid because it had already been struck down as ultra vires the Advance Authorisation Scheme and the Handbook of Procedures in an earlier batch of petitions. On that basis, proceedings initiated solely for alleged breach of the pre-import condition could not continue, as the foundation for enforcement had ceased to survive.

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Issues: Whether the pre-import condition inserted in the Foreign Trade Policy 2015-2020 and the corresponding customs notification was valid, and whether proceedings for its alleged breach could continue.

Analysis: The controlling issue had already been decided by the Court in an earlier batch of petitions, where the pre-import condition in paragraph 4.14 of the Foreign Trade Policy 2015-2020 and the corresponding insertion in the customs notification were struck down as ultra vires the Advance Authorisation Scheme and the Handbook of Procedures. Once that declaration had been made, proceedings initiated solely for breach of the pre-import condition no longer survived.

Conclusion: The pre-import condition was held invalid and ultra vires, and the connected proceedings could not survive.

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