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Issues: Whether the amendment to the import policy and the impugned notification were invalid on the ground that they were signed by the Director General of Foreign Trade instead of the Central Government and whether the Central Government had the power to issue the notification under Section 3(1) of the Foreign Trade (Development and Regulation) Act, 1992.
Analysis: Section 3(1) of the Foreign Trade (Development and Regulation) Act, 1992 empowers the Central Government to make provision by order published in the Official Gazette for the development and regulation of foreign trade. The notification expressly stated that it was issued in exercise of that power and amended the import policy conditions under the Foreign Trade Policy, 2015-2020. The signature of the Director General of Foreign Trade was treated as a matter of delegated administrative functioning and did not affect the source or validity of the power exercised by the Central Government. The challenge based only on the signatory of the notification therefore could not succeed.
Conclusion: The impugned notification was held to be valid and within the competence of the Central Government, and the objection based on signature by the Director General of Foreign Trade was rejected.