A.L.Bahri, J.

1. The question involves in this writ petition relates to charging of Customs Duty on import as well as fixing valuation of the imported articles for the purposes of imposition of customs duty. The petitioner-firm imported about 2000 M.T. acrylonitrile from M/s. B.P. Chemicals, U.S.A. The import was made under the import policy which provided payment of the price in U.S. Dollars after purchasing Exim Scrips. Persons who earlier exported goods were granted Exim Scrips, allowing them import of certain goods. Under the policy decision, the petitioner could purchase such Exim Scrips for making payment of imported material. According to the case of the petitioner when he purchased Exim-scrips, he purchased the same at the rate which was higher than otherwise prevalent. However, when the goods arrived in the Indian Port on April 29, 1992, the Customs officials wanted to fix value of the goods imported by applying different rate of exchange as determined by the Central Government under Section 14(3)(i) of the Customs Act. Since there was difference in the exchange rate, the petitioner was made to suffer enormously. The allegation of the petitioner is that under the I