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1994 Supreme(SC) 548

S.C.AGRAWAL, S.MOHAN, P.B.SAWANT, M.N.VENKATACHALIAH, K.JAYACHANDRA REDDY, G.N.RAY, B.P.JEEVAN REDDY, A.M.AHMADI, K.RAMASWAMY
Attorney General For India – Appellant
Versus
Amratlal Prajivandas – Respondent


Judgment

B. P. JEEVAN REDDY, J.:- Till the wind of liberalisation started blowing across the Indian economic landscape over the last year or two, the Indian economy was a shattered one. At the time of independence, India did not have an industrial base worth the name. A firm industrial base had to be laid. Heavy industry was the crying need. All this required foreign exchange. The sterling balances built up during worldwar-II were fast dissipating. Foreign exchange had to be conserved, which meant prohibition of -import of several unessential items and close regulation of other imports. It was also found necessary to raise protective walls to nurture and encourage the nascent industries. These controls had, however, an unfortunate fallout. They gave rise to a class of smugglers and foreign exchange manipulators who were out to frustrate the regulations and restrictions profit being their sole motive, and success in life the sole earthly judge of right and wrong. As early as 1947, the Central Legislature found it necessary to enact the Foreign Exchange Regulation Act, 1947 and Imports and Exports (Control) Act, 1947. Then came the Import (Control) Order, 1955 to place the policy rega




























































































































































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