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Issues: Whether ultrasonic transducers imported as spares for grinding machines were classifiable under Entry 736 of Appendix 6 List B Part I of the Import Policy for 1990-93 or under Entry 32 of Appendix 8 as restricted ultrasonic devices.
Analysis: Entry 736 specifically mentioned sensors/transducers including feedback elements, while Entry 32 referred to ultrasonic devices. The policy scheme, including Para 36(1), indicated that Appendix 8 was intended for complete restricted instruments and not for parts or components. A transducer, though capable of being described as a device in a general scientific sense, could not by itself function as a complete measuring or scientific instrument. On that construction, complete ultrasonic instruments would fall in Appendix 8, but transducers specifically named in Appendix 6 would remain outside the restricted entry.
Conclusion: The transducers did not fall under Appendix 8 and were covered by Entry 736 of Appendix 6 List B Part I.
Final Conclusion: The confiscation and import restriction order could not stand, and the appellant was entitled to relief.
Ratio Decidendi: Where a goods item is specifically named in a less restrictive import policy entry and the competing restrictive entry is aimed at complete instruments, the specific entry prevails and a component that is not a complete instrument cannot be treated as a restricted device.