2023 (3) TMI 1337

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....d WPMP Nos.28513 and 28514 of 2016 - -<br>Customs<br>THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM For the Petitioner : Ms.M.Meena Rukmani for Mr.A.Ramkumar For the Respondents : Mr.K.Srinivasamurthy ORDER The Notification No.17/2015-20 dated 29.07.2016 issued by the Central Government under Section 3 of the Foreign Trade (Development and Regulation) Act, 1992, is under challenge in the pr....

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.... (Import Policy) has been issued in the Gazette of India Extraordinary Part II, Section 3, Sub Section (ii) dated 29.07.2016. 4. The petitioner states that the amendment Notification issued by the Director General of Foreign Trade is without jurisdiction and he being not the Competent Authority, the amendment is to be set aside. 5. It is reiterated that the Director General of Foreign Trade ....

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....tral Government is competent to issue regulations of foreign trade by facilitating imports and increasing exports. 8. In the present case, the amendment was made subject to Import Policy Condition No.3 of Chapter 12 of the ITC (HS), 2012 Schedule I (Import Policy). The Gazette Notification Extraordinary unambiguously stipulates that "In exercise of powers conferred by Section 3 of Foreign Trade....

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....Poppy have been grown licitly / legally in that country, and (c) All import contracts for this item shall compulsorily be registered with the Narcotics Commissioner, Gwalior prior to import." 9. Thus the amendment was issued by the Central Government in exercise of the powers conferred under Section 3 of the Foreign Trade (Development and Regulations) Act, 1992, the alleged signature o....