ENTERPRISE INTERNATIONAL LTD Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) In this writ application, the petitioners have chellenged a Circular being Circular No. 19/92-97 dated 17th December 1992 as also the refusal on the part of the respondents-authorities to release raw silk imported by the petitioners under REP Licences/Exim Scrips.

(2.) It is the case of the petitioners that under the Import and Export Policy 1990-93 raw silk was allowed to be imported under REP Licences/Exim Scrips by virtue of paragraph 192 of Chapter XV of the Import and Export Policy. That paragraph declared that REP Licences/Exim Scrips are also valid for import of any other items of raw materials, components, tools, consumables and packing materials listed in Appendices 3 and 5, Part A. It is not in dispute that raw silk was included in Appendix 5, Part A of the Import and Export Policy 1990-93.

(3.) On 1st April 1992 a new Import Policy being the Export and Import Policy 1992-97 came into force. Paragraph 4 Chapter I of the new Policy provided, inter alia,