EXPORTS INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India the petitioners seek a writ in the nature of certiorari quashing the public notice No. 29ETC(PN)/87 dated 15th October, 1987 (Annexure 7); circular No. OT/EEC-USA/POL/CIR/E[294l87 dated 30th October, 1987 (Annesure 8); circular No. OT/EECUSA/POL/CIR/E/314187 dated 19th November, 1987 (Annexure 9) and the communication dated 8th December, 1987 (Annexure 12) and seeking an order directing the respondents to issue export certificates to the petitioners against the petitioners' commitments to export cotton yarn to USA and restraining the respondents from preventing such exports. We had dismissed the petition on 14th January, 198S by a short order. Now we give reasons in support of that order.

(2.) The dispute is about the petitioners' right to export cotton yarn to USA against specific orders entered between the period 23-6-87 to 28-8-87.

(3.) By virtue of the provisions contained in Section 3 of the Import and Export (Control) Act, 1947 Central Government is competent to prohibit, restrain, or otherwise control the export of goods by order published in official gazette. In exercise of these powers the Central Government made Export (Control) Order, 1977. Clause 3 of this order prohibits the export of goods by any person of the description specified in Schedule A except under and in accordance with the licence granted by the Central Government or by an officer specified in Schedule 2. Sub-clause 2 of Clause 3 permits the export of goods specified in Schedule 2 on fulfilment of the terms and conditions specified therein. It is not disputed that prior to 9th February, 1983 the export of cotton yam was banned. This ban was lifted by Export (Control) Fourth Amendment Order, 1983. Item No. 51, which relates to cotton yam, reads as under :- SI. Item SI. No. as Conditions to be fulfilled/documents No. in Part 'B' to be produced of Schedule 1 2 3 4 51. CottonYarn of B-69 Against Certification made by the all types in all Cotton Textile Export Promotion counts as wallas Council, Bombay in respect of tyre cord yarn contracts registered with them for counts upto 60s. For counts above 60s exports will be allowed freely in accordance with the Trade Notice issued by the Cotton Textiles Export Promotion Council, Bombay and Exporters will furnish statistics of exports to the Council within 7 days from the date of shipment. In respect of exports to EEC Member-States and USA necessary announcement about export entitlement will be mace by the above Council.