1991 (7) TMI 172

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....hri C. J. Shah with Shri K. C. Sidhwa, for the Respondents. [Oral Judgment per : Pendse, J.]. - By this petition filed under Article 226 of the Constitution of India, the petitioners are challenging legality of order dated March 21, 1991 passed by Deputy Chief Controller of Imports and Exports in exercise of powers under Clause 8-B of Imports (Control) Order, 1955. By the impugned order, it ....

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....B are exercised without there being any material whatsoever available with the Deputy Chief Controller. The petition was lodged on 26-4-1991 prior to the closure of the Court for Summer Vacation but was taken for admission and interim relief during vacation. In the vacation, the petitioners secured certain ad-interim reliefs and directions were given to the respondents to file return. When the ....

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....r allotment of imported goods without assigning any reason and without prejudice to any other action that may be taken, provided the Chief Controller is satisfied that without ascertaining further details in regard to such allegation, the grant of licence or allotment of imported goods will not be in the public interest. The return sets out that investigation prima facie revealed that the petition....

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....the imported goods just to gain huge illegal benefits. The return unmistakably establishes what was revealed from the investigation carried out by the Chief Controller of Imports and Exports and prima facie, makes it clear that the dealings of the petitioners in respect of the licences are not clean. In these circumstances, the exercise of powers to keep in abeyance the grant of licence and allotm....