REP licence interpretation permits rapeseed import where policy and licence language favour the importer.

Rapeseed imports under transferrable REP licences were treated as permissible where the licence specifically covered "seeds/bulbs/mother plant/germ plasm" and the import policy allowed direct import of canalised goods to that extent. The general restrictions in the import policy were held inapplicable to the specific licence entry. A prior governmental permit for rapeseed import and earlier customs clearances supported that construction. Any ambiguity in the licence or policy was resolved in favour of the importer, and the consignments were ordered to be released.

---

---

Issues: Whether rapeseed could be imported under the transferrable REP licences despite being a canalised item under the Import Policy.

Analysis: The licences specifically permitted import of "seeds/bulbs/mother plant/germ plasm". The relevant policy provisions allowed direct import of canalised items appearing in the licence to the extent permitted, and the restrictions in the general conditions were held inapplicable to the specific entry for seeds/bulbs/mother plant/germ plasm. The petitioner had also obtained a governmental permit for import of rapeseed, and similar imports had previously been cleared by customs. In case of doubt as to the scope of the licence and policy, the construction beneficial to the importer was applied.

Conclusion: The import of rapeseed under the REP licences was held to be permissible, and the customs authorities were directed to release the consignments.

Final Conclusion: The writ application succeeded and the importer obtained clearance of the goods.

Ratio Decidendi: Where a REP licence specifically authorises an item and the policy permits direct import of canalised goods to the extent so authorised, any ambiguity in the import policy or licence must be resolved in favour of the importer.

---