D C M Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 32 of the Constitution questions the constitutional validity of Section 15 (1 (b) of the Customs Act, 1962. S. a 15 (1 reads as follows;

(2.) The petitioner imported certain goods by sea. The ship arrived on 23/2/1982. On 24/2/1984, "bill of entry for warehousing" was filed on behalf of the petitioner. Accordingly, the imported goods were warehoused. The petitioner got the said goods cleared from the warehouse between 3/3/1982 and 15/4/1982. Applying Section 15 (1 (b) , the custom duty in force on the respective dates of clearance from the warehouse was levied. It is the said circumstance that has occasioned the attack upon the constitutional validity of the said provision.

(3.) Section 15 prescribes the date for determination of rate of duty on imported goods. Ss. (1 contains three clauses. According to clause (a) , where the goods are entered for home consumption under Section 46, the rate in force on the date of filing of the bill of entry is the relevant date. Clause (b) says that where the goods are cleared from a warehouse under Section 68, the rate of duty shall be the one in force on the date of actual removal from the warehouse, while clause (c) says that in case of goods not covered by clauses (a) and (b) , the rate payable shall be the rate in force on the date of payment of duty. In this case, we are concerned with clause (b).