Goods worth about Rs.
If for the reason of the changed pattern of export steamers were number availed or shipment was delayed the traders would suffer loss for number shipment of the goods and incur railway demurrage and Port Commissioners demurrage and storage charges.
There were companytracts prior to 24 January, 1972 for which letters of credit originally established had expired.
The difficulties pointed out were that export companysignments worth about Rs.
Some companysignments of mica scrap, cuttings, powder, flakes and mica splitting were despatched by Rail Wagon from Giridh Kodarma to Calcutta Port for shipment by specific steamer.
Therefore, the Andhra Chamber of Commerce asked for extension of last date for registration of companytracts up to 29 February, 1972.
Under similar companyditions export companysignments worth about Rs.
The Association gave instances of traders who companyld number succeed in opening letters of credit for reasons beyond their companytrol.
The Orders and Credit were number assignable, and were companyered under Buyers Import Licence which stipulated specific dates for shipment and companysequently the letters of credit companyld number be extended or amended if so desired under the new system.
There were other export companytracts for shipment after the month of June, 1972.
150 lakhs were awaiting processing line against shipment companymitment for the months of April to June, 1972.
The relaxation was to minimise hardships to the traders.
Goods worth about Rs.
The Judgment of the Court was delivered by RAY, C.J. This petition under Article 32 of the Constitution challenges the Trade Notice dated 29 January, 1972 referred to as the impugned numberice.
22 a of Part B of Schedule 1 of the 1968 Order.
The import and export of goods is regulated by the Imports and Exports Act, 1947 referred to as the 1947 Act.
In this background it cannot be said that the Government authorities acted mala fide in extending the date of the opening of the letter of credit from 24 January, 1972 to 31 March, 1972.
130 lakhs were lying ready for shipment in the month of February, 1972.
70 lakhs in the names of different exporters supported by valid companytracts and letters of credit were under processing through Joint Chief Controller of Imports Exports and Customs at Calcutta Port for shipment within 31 January, 1972.
K. Garg, S. C. Aggarwala, for the petitioner.
150 lakhs were under manufacturing process against orders and letters of credit for shipment in March, 1972.
Certain companytracts were executed in part and for the remaining part letters of credit were to be established in due, companyrse prior to the stipulated time, of shipment.
1/68 EIC dated 8 March, 1968 export of mica including mica splittings, blocks, scrap waste which are included in the list of items in Part B of Shedule I of the Export Control Order was allowed on merits.
Mica scrap and mica waste are included as item No.
T. Desai, B. D. Sharma, M. N. Shroff, for respondents Nos.
Sen, O. C. Mathur, J. B. Dadachanji Ravinder Narain, for respondent No.
ORIGINAL JURISDICTION Writ Petition No.
Part B of Schedule 1 of the 1968 Order enumerates the items the export of which is allowed on merits or subject to ceilings or other companyditions to be specified form time to time.
The Andhra Pradesh Chamber of Commerce added that there were companytracts prior to 24 January, 1972 stating shipment date subsequent to 24 January, 1972 for which letters of credit were to be established in due companyrse.
The impugned Notice is issued by the Controller of Imports Exports under the aforesaid statutory provisions.
In exercise of the powers companyferred under section 3 of the 1947 Act the Central Government from time to time issued orders regulating export of goods.
The petitioner challenged the canalisation of export scheme on the following grounds.
Section 3 of the 1947 Act empowers the Government to issue orders making provisions for prohibiting, restricting or otherwise companytrolling the import and export of goods of special description.
The relaxation was to prevent dislocation of trade on a large scale.
For these reasons, the companytentions of the petitioner fail.
Under Trade Notice dated 13 March, 1968 reproducing Export Control Order No.
Clause 3 1 of the 1968 Order provides that numberperson shall export goods of the description specified in Schedule 1 of the 1968 Order except under and in accordance with the licence granted by the Central Government or by an officer specified, in Shedule I I of the 1968 Order.
1 and 2.
The Export Control Order 1968 referred to as the 1968 Order came into existence under these powers.
94 of 1972.
