COLLECTOR OF CUSTOMS,BOMBAY vs ELEPHANTA OIL AND INDUSTRIES LTD.

The Supreme Court addressed the legality of importing Beef Tallow under Open General Licence (OGL) after the issuance of Import Trade Control Public Notice No.29-ITC (PN/81) on 5th June 1981. The Court held that the right to import goods under OGL is a statutory right and cannot be overridden by a public notice, affirming the Tribunal's decision that the import was governed by the policy in effect at the time the licence was issued. The Court upheld the Tribunal's ruling, thereby allowing the import of Beef Tallow despite the subsequent public notice.