Open General Licence import relief sustained where no lack of bona fides was shown and policy change was not defeated.

Import of dry dates was allowed under the Open General Licence regime despite the letters of credit being opened after the cut-off date, because the licensing clarification covered goods under letters of credit established before 5-9-1991 and shipped before 4-10-1991. The departmental challenge failed to show any lack of bona fides or any attempt to defeat the policy change requiring EXIM scrips. The lenient release granted by the Additional Collector was therefore not shown to be unjustified, and the departmental appeals were not liable to succeed; the release order was sustained.

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Issues: Whether the order releasing the imported dry dates under the Open General Licence regime, despite the letters of credit having been opened after the cut-off date, called for interference in departmental appeals.

Analysis: The imports were made in the context of a policy change requiring EXIM scrips, while the licensing authority had clarified that goods covered by letters of credit established before 5-9-1991 and shipped before 4-10-1991 could be cleared under OGL. The departmental challenge did not establish any lack of bona fides or any attempt to defeat the policy objective. The reasoning also noted that the policy change may not have been known to the public before 6-9-1991, and therefore the discretion exercised by the Additional Collector in granting release on lenient terms was not shown to be unjustified.

Conclusion: The departmental appeals were not liable to succeed, and the release order was sustained.

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