2007 (5) TMI 240

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.... Respondent. [Order].- Leave granted. 2. Respondent was granted a license/authorization to export Sandal Wood Oil as far back as in 1996. The goods, however, were not exported within the time stipulated. 3. The Central Government in its EXIM policy for the years 2002-2007 took a policy decision that the license / certificate / permission could be revalidated on merit by the Licensing Authority ....

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.... of the judgment dated 27-10-2005, the learned Single Judge of the said Court although opined that the respondent, in view of the prohibition imposed on export of Sandal Wood Oil, could not claim any right to export the same, directed the appellant herein to consider as to whether she could be given some time as a last chance. The appeal preferred by the respondent has been disposed of by the Divi....

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....eady procured the materials and got a license as per the earlier policy." 5. The short question which arises for consideration in this appeal is as to whether in view of Section 51 of the Customs Act, 1962, the petitioners (appellants herein) could be directed by the High Court to consider the respondent's application for extension of time despite the aforementioned policy of prohibition adopted ....

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....herent both in regulative measures as well as in prohibitive or preventive measures. 46. The term, however, indisputably would be construed having regard to the text and context in which they have been used. Section 3(2) of the 1992 Act uses prohibition, restriction and regulation. They are, thus, mean to be applied differently. Section 51 of the 1962 Act also speaks of prohibition. Thus, in term....