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PETITIONER: BHATNAGARS AND CO. LTD.
Vs.
RESPONDENT: THE UNION OF INDIA(and connected petitions)
DATE OF JUDGMENT: 21/02/1957
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA SINHA, BHUVNESHWAR P. DAS, S.K.
CITATION: 1957 AIR 478 1957 SCR 701
ACT: Import and ExPort, Control of--Soda ash, if can be imported without licence-Issue of licence, if amounts to delegated legislation-Trafficking in licence - Confiscation of consignments and seizure of licence by Sea Customs Authorities - -Issue of Writs- -Policy Statement 702 by Government, if amounts to monopoly-Import and Export (Control) Act, 1947 (XVIII of 1947), s. 3(1)(a)-Constitution of India, Art. 32.
HEADNOTE: The petitioner obtained a licence for importing soda ash during the free licencing period in 1952. On the basis of the licence certain consignments of soda ash were received in Bombay. ’The Customs Authorities had reason to suspect that the petitioner was trafficking in his licence and on investigation found that two of the consignments had actually been imported by another party and confiscated them’ The petitioner appealed to the Central Board of Revenue and thereafter moved the Government of India, but to no effect. The Collector of Customs ordered the goods to be auctioned. Five petitions were filed in this ...