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Issues: Whether, pending final hearing of the writ petition, the petitioners were entitled to interim relief directing release of 80% of the imported raw silk covered by REP Licences/Exim Scrips, with the balance retained in bonded warehouse.
Analysis: The petition challenged the customs authorities' refusal to release raw silk and the effect of the impugned circular on licences issued under the earlier import policy. The Court noted that the petitioners had entered into contracts and opened letters of credit on the basis of the earlier policy position, that similarly placed importers had been granted interim protection, and that the authorities had continued to clear consignments without awareness of the circular until 3 January 1993. On that basis, and confined to the interim stage, the Court held that the petitioners had made out a case for protective relief comparable to that granted in the connected matter.
Conclusion: Interim relief was granted in favour of the petitioners by directing release of 80% of the goods on payment of duty on the entire consignment and furnishing of the required bond, with 20% retained pending final disposal.
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