SABIRA TANNERY Vs. UNION OF INDIA

JUDGEMENT

(1.) AS the point involved in all the above petitions is the same they are dealt with together, since the fact in all these cases are more or less the same, it is sufficient to deal with the facts in W.P. No. 567 of 1974.

(2.) THE petitioners in W.P. No. 567 of 1974, are a firm of tanners having their tannery at Vaniyambadi, North Arcot District. As the firm did not export hides and skins in the past, it came under the category of non-exporting tanners. THE firm consisted of four partners, one of whom is one A. M. Seleem having 20 per cent interest in the firm. He is also a partner in another firm called 'Messrs. A. A. Rasheed & Co. "who are exporters of hides and skins.

(3.) THE tanners were informed in the end of June, 1973 that the non-exporting tanners, without export quota from the Joint Chief Controller of Imports & Exports for semi-processed hides and skins, interested in export of the same may submit the details of actual production and sales during the last three years for each item indicated in the communication along with supporting documentary evidence to the respective branch managers of the State Trading Corporation in their areas within 15th July, 1973. Later, by circular E.T.C. No. 105 of 1973 dt. 7th August, 1973 it was clearly made known to the trade that for fixation of quota the calendar year 1972 has been taken as the base year for pegging the level of exports for the year 1973-74 in respect of each type of semi-processed hides and skins (including crust leather). But of the quantities earmarked for exporting tanners, that the work of allotment of quota for such tanners would bone by the State Trading Corporation of India while the balance of 90 per cent has to be allowed to be exported on account of the State Trading Corporation of India, by manufacturers and merchant exporters having export performances during the period 1968-72.