Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Impon-Expon Policy April 199(}-Marcl~ 1993: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Impon-Export Policy, April 1990-March,1993: Item 169 of List S. Appendix 6, Para I and Para 167 of Chapter XIII-Cloves-Classification of-Whether cloves imported by appellant fell within Item 169 "Drugs/Drug Intermediate not elsewhere specified." The appellant obtained, by transfer, an Import Licence for the import of admissible Items as per Para 220 (2), (3), (4) and (6) of the Import Policy 1990-93 Vol.I and placed an order on a foreign firm for the supply of cloves No. 1 quality. On arrival of the goods in the Indian Port, the appellant filed Bill of Entry for the clearance of the goods for home consumption, and claimed clearance of the goods against the additional licence on the ground that the cloves were covered under Item 169 of Appendix 6, List 8, Part I of the Import and Export Policy, being Drugs/Drug intermediate not elsewhere specified." The Department relying on Para 167, which dealt with the import of spices, took the view that the cloves could be imported only against specific licence relating to cloves. Hence the appellant filed a writ petition in the High Court for a direction to the respondent to clear the goods against the Bill of Entry filed by the appellant. . The High Court held that cloves could not fall within the expression "Drugs/Drug intermediate not elsewhere specified" and the import of the cloves without specific licence was not permissible, and that the licence relied upon by the appellant was not valid for the import of cloves. In the appeal before this Court, it was contended on behalf of the appellant-importer that in popular sense and trade parlance, clove was also used as drug intermediate, and that in the Import Policies of 1982-83 to 1985-86 cloves were specified as crude drug and the cloves and clove oil were used for treatment of dyspepsia, flatulence, etc., and tooth problems and, therefore, the High Court committed an error in holding that clove was not a Drug/Drug intermediate, and that it did not fall within Item 169. |
Judge | Hon'ble Mr. Justice N.M. Kasliwal |
Neutral Citation | 1992 INSC 59 |
Petitioner | Anant B. Timbodia |
Respondent | Union Of India And Ors . |
SCR | [1992] 1 S.C.R. 997 |
Judgement Date | 1992-02-26 |
Case Number | 916 |
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