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    <title>2015 (1) TMI 1176 - MADRAS HIGH COURT</title>
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    <description>A non-speaking administrative refusal to permit re-export of an imported consignment was unsustainable because a rights-affecting decision must state its own reasons, and later explanations in an affidavit cannot cure that defect. Rule 41(1) of the Drugs and Cosmetics Rules, 1945 was held to permit re-export in the relevant circumstances, so the petitioner could not be denied relief on the basis of an unsupported rejection in the impugned order. Allegations of forged documents, an unregistered source, and spurious goods were left to the pending criminal prosecution and not decided in writ proceedings. Re-export was allowed subject to safeguards, including sampling and preservation of samples for trial.</description>
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      <description>A non-speaking administrative refusal to permit re-export of an imported consignment was unsustainable because a rights-affecting decision must state its own reasons, and later explanations in an affidavit cannot cure that defect. Rule 41(1) of the Drugs and Cosmetics Rules, 1945 was held to permit re-export in the relevant circumstances, so the petitioner could not be denied relief on the basis of an unsupported rejection in the impugned order. Allegations of forged documents, an unregistered source, and spurious goods were left to the pending criminal prosecution and not decided in writ proceedings. Re-export was allowed subject to safeguards, including sampling and preservation of samples for trial.</description>
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