Import licence rights cannot be retrospectively curtailed by public notice; detention certificate follows where customs caused detention.
A public notice issued as an administrative measure cannot retrospectively curtail import rights already created under a statutory import licence or governing import notification. On the facts, oxytetracycline hydrochloride remained importable under the earlier regime, so the later notice inserting a restriction could not invalidate the completed import entitlement. The petitioner was also entitled to a detention certificate because the goods were detained at the instance of the customs authority and no legal fault was attributable to the importer; the absence of the airport authority did not defeat that relief.
Issues: (i) Whether a public notice could alter the importability of goods already covered by an earlier import licence issued under section 3 of the Imports and Exports (Control) Act, 1947; (ii) Whether the petitioner was entitled to a detention certificate.
Issue (i): Whether a public notice could alter the importability of goods already covered by an earlier import licence issued under section 3 of the Imports and Exports (Control) Act, 1947.
Analysis: The import licence and the governing import policy as originally in force did not bar import of oxytetracycline hydrochloride, which was treated as a salt of oxytetracycline. The later public notice sought to enlarge the restriction by inserting Appendix 4 into the relevant policy provision, but a public notice issued as an administrative instrument could not amend or curtail rights arising under a statutory notification or licence granted under statutory authority. The change, therefore, could not operate retrospectively against an import already governed by the earlier regime.
Conclusion: The importation was valid and the petitioner succeeded on this issue.
Issue (ii): Whether the petitioner was entitled to a detention certificate.
Analysis: The goods were detained at the instance of the customs authority and the detention was not attributable to any legal fault on the part of the petitioner. Non-joinder of the airport authority did not defeat the relief because the certificate was to be issued by the authority responsible for the detention, while any inter se consequence with the airport authority could be worked out separately.
Conclusion: The petitioner was entitled to a detention certificate.
Final Conclusion: The petition was allowed, the import was declared lawful, the detention certificate was directed to be issued, and the interim security was ordered to stand discharged.
Ratio Decidendi: A public notice issued as an administrative measure cannot retrospectively alter or nullify import rights already created under a statutory import licence or notification.
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AI Drafter ✕
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