DOOR APARTMENT PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Art. 226 of the Constitution the petitioner M/s. Doon Apartment, a private limited company having its registered office at New Delhi, have challenged the legality and vires of the order Dt. 17th Jan. 1980 by respondent 3 the Joint Chief Controller of Imports and Exports, Bangalore, declining the request of the petitioner for revalidation of the permit for export of two metric tonnes of sandalwood to M/s. Tien Yuan Chemical (P) Ltd., Singapore. The petitioner has further sought a writ of mandamus directing respondents 4 to 6 to release the sandalwood of the petitioner for export to Singapore. The petitioner has also sought quashing of the criminal proceedings initiated by respondents 4 to 6 against the petitioners.

(2.) The relevant facts are these. The export policy for 1978-79 allowed export of sandalwood. The petitioner entered into a contract with M/s. Day Spring & Co. Ltd., Taiwan for export of 1 metric tonne of sandalwood. A letter of credit was opened on 17th Sept. 1978. On 10th Nov. 1978 the Union of India issued a public notice banning export of sandalwood. The petitioner approached the Chief Controller of Exports at Madras for permission to export sandalwood on the basis of prior commitment.

(3.) On 6th Dec. 1978 the petitioner purchased one tonne of sandalwood in public auction at Salem Depot, Tamil Nadu and under permit No. 3020 the petitioner removed the said sandalwood by lorry up to Salem railway station and thereafter by rail to Madras for export to M/s. Day Spring & Co., Taiwan. This one tonne of sandalwood was placed in the custody of M/s. Jayna & Co., the shipping agents of the petitioner for export from Madras port. On 12th Dec. 1978 the petitioner purchased five tonnes of sandalwood in a public auction and under a permit Dt. 30th Mar. 1979 removed the said sandalwood by lorry to Salem railway station and thereafter by rail to New Delhi. Earlier to this the petitioner had purchased 8-9 tonnes of sandalwood from Salem Depot which were also brought to New Delhi. On 1st Nov. 1979 the petitioner entered into a contract with M/s. Tien Yuan Chemical (P) Ltd., Singapore for the export of two tonnes of sandalwood to the said company.