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2002 Supreme(Bom) 1342

V.C.DAGA, J.P.DEVADHAR
Johnson & Johnson Ltd. – Appellant
Versus
Deputy Chief Controller of Imports & Exports & another – Respondent


JUDGMENT - DAGA VIJAY C., J.:---Heard learned Counsel for the rival parties. This petition is directed against the order dated 11-11-1987 passed by the Deputy Chief Controller of Imports Exports, New Delhi; in exercise of powers conferred under Clause 8 of the Import (Control) Order, 1955, whereunder; the entitlement of the petitioners i.e.; the quota to import raw material for manufacturing Sanitary Napkins was reduced by 20%. In other words, petitioners were permitted to make imports under OGL Licence and receiving import licences and customs clearance permits and allotment of imported material from State Trading Corporation (STC) and Minerals Metals Trading Corporation (MMTC) or any other similar agency for the period from 10th November, 1987 to 31st March, 1990 to the extent of 80% of their entitlement. Thus, the entilement of the petitioners to import raw material was curtailed by 20% for the period 10-11-1987 to 31-3-1990.

2. The facts brought on record reveal that the show cause notice dated 18-8-1986, which came to be issued under Clause 10 of the Imports (Control) Order, 1955 proposing to take penal action against the petitioner under Clause 8(g) thereof; was based on the















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