2010 (11) TMI 167

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....orted exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy-2004-2009, amending Schedule-1 (Imports) of the Import Trade Control (HS) Classifications of Export and Import Items, 2004-2009, incorporating the condition that import of betel nuts, whole, split, ground and others, will be permitted freely provided the CIF value is Rs. 35/- per Kilogram and above. Among others, it is contended by the learned counsel for the petitioners that the Director General of Foreign Trade had no jurisdiction, either under the FTDR Act, 1992 or the Foreign Trade Policy, to have issued the notification and, therefore, the notification is illegal and unconstitut....

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....and increasing exports. Sub-section (2) authorises the Central Government to issue order published in the official gazette providing for prohibiting, restricting or otherwise regulating, in all cases or in specified classes of cases and subject to such exceptions, if any, the import or export of goods. 5. Sections 5 and 6 of the Act being relevant are extracted below :- "5. Export and import policy - The Central Government may, from time to time formulate and announce, by notification in the Official Gazette, the export and import policy and may also, in the like manner, amend that policy. 6. Appointment of Director General and his functions - (1) The Central Government may appoint any person to be the Director General of....

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....nd in the light of the judgment of the Madras High Court, the Notification dated 4-6-2008 issued by the Director General of Foreign Trade is illegal and is to be set aside and I do so. 9. Counsel for the third respondent submits that since goods imported by the petitioners have been cleared under the interim orders passed in these writ petitions, respondents should be permitted to proceed under the provisions of the Customs Act. Now that the notification has been set aside, as a necessary consequence, respondents shall be free to proceed against the petitioners in terms of the provisions of the Customs Act, 1962 and it is so clarified. 10. Subject to the above, writ petitions will stand allowed. W.P. (C) Nos. 32270, 34282, 962....