D G EXPORTS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner impugns a circular dated 04.12.2008 being circular No. 45 (RE -08)/2004 -2009 (hereafter 'impugned circular') issued by the Director General of Foreign Trade (hereafter the 'DGFT') whereby the DGFT has proscribed export of goods, which are apparently in the nature of military stores, without a No Objection Certificate (NOC) from Department of Defence Production and Supplies, Ministry of Defence (hereafter 'DoDP').

(2.) ACCORDING to the petitioner, the impugned circular is ultra vires the Foreign Trade (Development and Regulation) Act, 1992 (hereafter the 'FTDR Act') and the Foreign Trade Policy (hereafter 'FTP') notified thereunder.

(3.) THE petitioner is a proprietorship concern of one Dinesh Kumar and is stated to be engaged in exporting products required for personal protection. These products include products like bullet proof jackets and other items for personal safety of the security personnel. The imports of such goods are not restricted under the FTP and such goods are freely importable. The petitioner asserts that it received a purchase order for supply of bullet proof vests of the required specification from the Ministry of Interior, Tunisia. It is contended that although such bullet proof vests are freely exportable under the FTP, the petitioner has been unable to export the goods on account of the insistence of the respondent to obtain a NOC from the DoDP.