Open General Licence exclusion for typewriter ribbons sustained, with confiscation and penalty upheld despite reduced redemption fine.

Typewriter ribbons were held not importable under Open General Licence under the 1988-91 Import and Export Policy because para 21(f) imposed a specific exclusion for goods covered by the relevant appendices unless the policy expressly permitted import. A clarification issued under the 1985-88 policy could not control imports made under the later policy, and the OGL-linked appendix did not override the express bar. In the absence of a valid import licence, the import was unauthorised, so confiscation and penalty were sustained. However, on the importer's actual-user status and the facts of the case, the redemption fine was reduced.

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Issues: Whether typewriter ribbons were importable under Open General Licence under the 1988-91 Import and Export Policy, or whether a specific licence was required, and whether confiscation, penalty and redemption fine were warranted.

Analysis: The relevant policy contained a specific exclusion in para 21(f), under which goods listed in the specified appendices could not be imported under Open General Licence unless the policy clearly permitted it. The earlier clarification relied upon by the importer related to the 1985-88 policy period and could not govern imports made under the 1988-91 policy. The inclusion of ribbons in the OGL-linked appendix did not override the specific bar contained in para 21(f). In the absence of a valid import licence, the import was unauthorised, making confiscation and penalty sustainable. At the same time, the importer being an actual user and on the facts of the case, the redemption fine was found liable to be moderated.

Conclusion: Specific licence was required, confiscation and penalty were upheld, and the redemption fine was reduced to Rs. 1,00,000/-.

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