Scope of writ petition limits challenge to customs release order after full-duty clearance under additional licences.

The writ petition concerned entitlement to a carry on business licence and concessional import duty, not the independent clearance of goods on additional licences under paragraphs 215 and 216 of the Import and Export Policy, 1988-1991. The Court held that the petitioners had cleared the imported goods on payment of full customs duty under those licences, so a separate application seeking restraint on clearance and removal of the goods was outside the scope of the pending writ petition. The Court also declined to express any view on the legality of the Collector of Customs' release order in that proceeding. The application was held not maintainable and dismissed, and the interim restraint order was vacated.

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Issues: Whether the respondent's application seeking restraint on clearance and removal of the imported goods was maintainable in the pending writ petition, and whether the Collector of Customs' release of the goods on payment of full customs duty could be challenged in that proceeding.

Analysis: The pending writ petition was directed to the grant of carry on business licence and related reliefs concerning entitlement to import at concessional duty. The Court held that the petitioners had independently cleared the goods on the strength of additional licences under paragraphs 215 and 216 of the Import and Export Policy, 1988-1991, after paying full customs duty. That clearance was held to be outside the scope of the writ petition, which was concerned with the claim for COB licence and concessional import entitlement. The Court further held that it would not express any opinion on the legality of the Collector's release order in the present proceeding.

Conclusion: The application was not maintainable and was dismissed. The interim restraint order was vacated.

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