KANIA, J. :- These two appeals are directed against the judgements delivered by Pendse, J. in Misc. Petn. No. 1479 of 1979 (1980 Cen. Cus. 32-D) and Misc. Petn. No. 1114 of 1979 respectively. Appeal No. 338 of 1979 arises from the judgement in Misc. Petn. No. 1479 of 1979 and Appeal No. 339 of 1979 arises from the judgement in Misc. Petn. No. 1114 of 1979. Both the appeals raise common questions of law and the difference in the facts is not material from the point of view of the questions involved for decision. We, therefore, propose to dispose of both these appeals by this common judgement.

2. As the main judgement has been delivered by Pendse, J. in Misc. Petn. No. 1114 of 1979, it will be more convenient to first deal with the facts in Appeal No. 339 of 1979. The respondents herein, who were the petitioners in the said petition, are a partnership firm registered under the Indian Partnership Act, 1932, and carry, on business as exporters of drugs and chemicals. They are registered with the Basic Chemicals and Pharmaceutical Export Promotion Council (hereinafter referred to as "the said Council"). Appellant No. 1 is the Union of India and the other appellants are the offi