In his affidavit in support of the application the respondent besides contending that oats in full grain fell within the head fodder ' under item 42, set out earlier, because (1) he had imported them for being made available solely for feeding race horses at Bangalore, (2) that in South India oats was not used as human foods but only as feed for horses, and (3) that in any event, he had been misled by an answer that he received from the Deputy Chief Controller of Imports, Madras of whom he had made an enquiry as to whether feed oats could be imported under an open general licence under serial No. 42 and had received an affirmative answer, The learned 281 Single Judge who heard the application dismissed it on the ground that the order of the Customs Authorities classifying uncrushed feeds oats as grain and not as fodder could not be said to be either perverse or malafide and that consequently the Court could not interfere with the decision of the authorities.