Law: Imports and Exports (Control) Act, 1950

Section: 3

[Imports and Exports (Control) Act (XXXIX of 1950)]......Section 3--Import Policy (1987-90), para. 6.1.--Import of tyres and tubes of Tractors under free list--Objection to--Paragraph 6.1 of Import Policy for years 1987-90 specifically mentioned that items not covered in Chaps. 3,4 & 5 of Import Policy would be considered to be freely importable--Tyres and tubes of Tractors neither mentioned in the said Chapters nor in negative list of import policy--Import of such items under free list, held, would not amount to contravention of Import Policy--Contentions, firstly that as import of tyres and tubes of tractors under free list was banned, therefore, by allowing import of such items under free list, authorities would frustrate the very object of deletion programme and Import Policy which was aimed at indigenousness of the imported items, secondly, such act of authorities would amount to doing something indirectly which could not be done lawfully directly and lastly, that petitioner had been discriminated against by authorities by issuance of licence in that respect to other importers as he being a registered importer was deprived of such licence, were repelled being baseless. ORDER SAEEDUZZAMAN SIDDIQUI, J.-- M/s. General Tyre & Rubber Company of Pakistan Limited have filed this petition under Article 199 of the Constitution to challenge the action of the respondents in issuing commercial licences for import of tractor tyres. It is contended by the learned counsel for the petitioner that under the Import Policy issued for the years 1987-90 the import of front and rear Tyres of Fiat-4805, Fiat 640. M.F.240 M.F. 375, Ford: (Model 361024610) tractor is completely banned. In support of his argument the learned counsel has relied on Appendix 'F' to the Import Policy, which specifies standardised makes of Tractor's component which shall not be importable. It is also contended by the learned counsel for the petitioner that by allowing import of tractor tyres the respondents are frustrating the object of the deletion programme and the Import Policy which is aimed at indigenisation of the Imported items. It is further contended by the learned counsel that by…

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