1984 (7) TMI 83

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....overned by the Import and Export Policy of 1982-83. Against the item "description of goods" in the said licence the following endorsement appears : "Items mentioned under A.B.C. in column 4 of Appendix 17 of A.M. 83 Policy against Group 0.1 (0.one) as amended upto date with restrictions, if any, mentioned therein". One of the conditions of the said licence as specified in the said licence is to the following effect : "This licence shall be subject to the conditions in force relating to the goods covered by the licence as described in the relevant Import Trade Control Policy Book or any amendment thereof made upto and including the date of issue of the licence, unless otherwise specified." 3. The said licence is a transferable licence ....

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.... June 1984. this writ application has been moved upon notice to the respondents. The grievance of the writ petitioner is that although the consignment in question is covered by the said licence the respondents are not releasing the said consignment. Nor they have given any reason for withholding the release thereof. The action of the respondents, it is alleged, is arbitrary and illegal. It has been agreed that the matter could be disposed of on the basis of the records and no affidavit need be filed. The respondent, however, do not admit the allegations made in the petition. I, therefore, heard the elaborate submissions of the learned Advocates appearing for the parties. The records have been produced before me. 6. It is not in dispute t....

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....y apply. So far as the Zip fasteners are concerned, there is no restriction in column 4 at all. Wherever there is a restriction regarding quantum of import, it has been specifically mentioned in column 4 against the item itself, e.g. Items IV, VI and XV. Restriction in those cases has been imposed indicating the percentage in column 4. In the case of Zip fasteners there is no such restriction. The contention of the Customs authorities that the restrictions mentioned in column 4 against Sl. No. 0.1 'Ready made Garments, Hosiery Knitwear' shall govern all the items mentioned under Sl. No. 0.1. This contention has no substance. As I said that the said licence speaks of restriction, if any, under column 4 and not under column 5. Where the licen....