GENESIS ORGANICS PRIVATE LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioners seek following reliefs : -

(2.) HEARD learned advocate Mr. R.C. Saxsena, appearing for M/s. Trivedi and Gupta, for the petitioners.

(3.) THE bone of contentions of Mr. Saxsena is that for the year 2003, there was no law to impose restrictions prohibiting the export in consonance with the Chemical Weapons Convention Treaty. That, the law was enacted in the year 2000, but, came to be implemented in the year 2005 and, therefore, in the year 2003, there was no local statute to give sanction or force to the Treaty, and by the show -cause notice, what is sought to be implemented is the terms of the Treaty and, therefore, the reliefs may be granted. In support of his submission, Mr. Saxsena has relied upon the decision in the case of Maganbhai Ishwarbhai Patel V/s. Union of India and Anr.,1969 AIR(SC )783. He has also pointed out about 9 instances, where domestic law came to be enacted to lend sanction to a Treaty so as to bind the citizen of India. Mr. Saxsena submitted that licences were issued to the petitioners for export and import of these very goods by the respondent authorities themselves and, therefore, also in absence of a domestic statute, they cannot penalise the petitioners.