DARUKA AND COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 32 of the Constitution challenges the Trade Notice Dated 29 January, 1972 referred to as the impugned notice.

(2.) The import and export of goods is regulated by the Imports and Exports Act, 1947 referred to as the 1947 Act. Section 3 of the 1947 Act empowers the Government to issue orders making provisions for prohibiting, restricting or otherwise controlling the import and export of goods of special description. In exercise of the powers conferred under Section 3 of the 1947 Act the Central Government from time to time issued orders regulating export of goods. The Export Control Order, 1968 referred to as the 1968 Order came into existence under these powers. Clause 3 (1) of the 1968 Order provides that no person 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 Schedule 11 of the 1968 Order. Mica scrap and mica waste are included as item No. 22 (a) of Part B of Schedule 1 of the 1968 Order. 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 conditions to be specified from time to time.

(3.) I he impugned Notice is issued by the Controller of Imports and Exports under the aforesaid statutory provisions. Under Trade Notice dated 13 March, 1968 reproducing Export Control Order No 1/68-ETC 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 Schedule 1 of the Export Control Order was allowed on merits.