Page 84 - ELT_3rd_1st May 2020_Vol 372_Part

306 EXCISE LAW TIMES [ Vol. 372

dealers of committees questioning the orders/notifications by which the Exim
Code was modified. The prayer in the leading W.P. No. 552 of 2019 is as follows :
2. To issue order or direction, more particularly, one in the nature of
Writ of Mandamus, declaring the action of the Respondent Nos. 2 and 3 in -
(a) issue Notification No. 19/2015-2020, dated 5-8-2018 97 by modify-
ing the Exim Code 0713 60 00 which deals with Pigeon [peas (Ca-
janus cajan)]/Toor Dal from FREE to RESTRICTED and other in-
terns falling in 0713 90 10 and 0713 90 90 regarding Split and other
were also modified to Restricted as per the first modification as ille-
gal, arbitrary, non est in the eye of Law, without jurisdiction, Viola-
tion of Articles 14, 19(1)(g), and 21 of the Constitution of India and
also violation of Section 6(3) of Foreign Trade (Development and
Regulation) Act, 1992 and violation of the Principles of Natural Jus-
tice,
(b) issuing consequential Notification vide Notification No. 22/2015-
2020, dated 21-8-2017 and Notification No. 6/2015-2020, dated 4-5-
2018, modifying various pulses falling in Exim Code 0713 31 00,
0713 90 10, 0713 90 90 from FREE to RESTRICTED. Illegal, arbitrary,
non est in the eye of Law, without jurisdiction, Violation of Articles
14, 19(1)(g), and 21 of the Constitution of India and also violation of
Section 6(3) of Foreign Trade (Development and Regulation) Act,
1992 and violation of the Principles of Natural Justice,
(c) in issuing consequential Trade Notice No. 19/2018, dated 11-5-2018
and not permitting the Petitioner from importing Black Matpe fall-
ing in H.S. Code No. 0713 31 00 @ 20000 Metric Tons of FAQ and
20000 Metric Tons of SQ vide Sale Contract No. MIG/0001/19, dat-
ed 2-1-2019 from MYINT GROUP PTE LTE., Trellis Tower - BLK,
700, Toa Payoh, Lorong 1, Lobby B#$ 29-07, Singapore 319773, as il-
legal, arbitrary, non est in the eye of Law, without jurisdiction, Vio-
lation of Articles 14, 19(1)(g), and 21 of the Constitution of India and
also violation of Section 6(3) of Foreign Trade (Development and
Regulation) Act, 1992 and violation of the Principles of Natural Jus-
tice,
(d) and consequently set aside the said Notifications and Trade Notice
and permit the Petitioner to import Black Matpe falling in H.S. Code
No. 0713 31 00 vide Sale Contract No. MIG/0001/19, dated 2-1-2019
from MYINT GROUP PTE LTED., Trellis Tower - BLK, 700, Toa
Payoh, Lorong Lobby B#29-07, Singapore 319773, and pass such
other order or orders as the Hon’ble Court may deems fit and prop-
er in the interest of Justice.
3. This Court has heard Sri P.S.P. Suresh Kumar, Learned Counsel for
the petitioner and the Assistant Solicitor General for the Union of India. The facts
in all the cases are virtually the same. Hence, WP. No. 552 of 2019 was taken up
for final disposal with the consent of the Learned Counsel.
4. The petitioner was importing pulses from foreign countries and also
exporting the same. The export, import policy (Exim policy) freely permitted the
import of the material involved in this case, namely pigeon peas. They were im-
EXCISE LAW TIMES  1st May 2020  84