STATE OF WEST BENGAL Vs. VEEJAY INTERNATIONAL INDIA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Calcutta High Court holding that Clauses 9 and 10 of the Notification No.4784- F.S./FS/Sectt/Food/148-1/97, dated 19.12.1997 issued in exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (in short the Act) read with Government of India, Ministry of Agriculture and Irrigation (Department of Food) Order No. G.S.R. 800 dated 8th June, 1978 was contrary to the policy declared under the Foreign Trade Development and Regulation Act, 1992 (in short Foreign Trade Act). Accordingly, it was held as follows:

(2.) Background facts in a nutshell are as follows:

(3.) Respondent filed a writ petition before the Calcutta High Court questioning the legality of the aforesaid clauses primarily on the ground that they were repugnant and inconsistent with the policy declared by the Foreign Trade Act. The State took the stand that the clauses in question are regulatory in nature and do not suffer from any infirmity.