Court affirms Poppy Seeds import policy amendment, validates government authority under Foreign Trade Act

The Court upheld the validity of the amendment to the Import Policy Condition regarding Poppy Seeds, emphasizing the Central Government's authority under the Foreign Trade (Development and Regulations) Act, 1992. It ruled that the Director General of Foreign Trade had the delegated power to issue such amendments, ensuring efficient government administration. The petition challenging the Notification was dismissed without costs.

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Issues:
The challenge to Notification No.17/2015-20 dated 29.07.2016 under the Foreign Trade (Development and Regulation) Act, 1992.

Summary:

The petitioner, a registered dealer under the Tamil Nadu Value Added Tax Act, engaged in importing Poppy Seeds from China and Turkey, challenges the impugned Amendment in the Import Policy Condition No.3 of Chapter 12 of ITC (HS) 2012. The petitioner argues that the Director General of Foreign Trade lacked jurisdiction to issue the amendment, contending that only the Central Government has the authority to do so.

The Central Government, as per Section 3 (1) of the Foreign Trade (Development and Regulations) Act, 1992, is empowered to regulate foreign trade by facilitating imports and increasing exports. The Gazette Notification clearly states that the Central Government, in exercise of its powers under the Act, amended the Import Policy Condition No.3 of Chapter 12 of ITC (HS) 2012. The amendment specified conditions for importing Poppy Seeds from certain countries and required the importer to provide a certificate from the Competent Authority of the exporting country.

The Court upholds the validity of the amendment, emphasizing that the Central Government's authority to issue such regulations cannot be undermined by the signing authority, in this case, the Director General of Foreign Trade. The delegation of powers to the DGFT for signing notifications is deemed necessary for the efficient functioning of the government administration.

In conclusion, the Court finds no fault in the amendment to the Foreign Trade Policy and dismisses the writ petition, along with the connected miscellaneous petitions, without any costs.

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