AL ZUBAIR EXPORTER Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner has sought to challenge a notification issued by the Union Government in the Ministry of Commerce and Industry on 31 October 2011. By the notification which has been issued in exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 read with Para 2.1 of the Foreign Trade Policy, 2009-2014 as amended from time to time the Central Government has substituted Chapter - 2 of Schedule 2 of the ITC (HS) Classification of Export and Import Items, with a fresh provision. Chapter - 2 deals with "Meat and Edible Meat Offal." Note 6 to Chapter - 2 is to the following effect :

(2.) The Petitioner is an exporter of buffalo meat and commenced its business in 1992. The Petitioner is registered with the Agricultural and Processed Food Products Export Development Authority ( APEDA ) a statutory body constituted"" under the Agricultural and Processed Food Products Export Development Authority Act, 1985 APEDA has been established under the provisions of the Act for the development and promotion of export of agricultural and processed food products and for matters connected therewith. Under Section 2(i) a scheduled product is defined to mean any of the agricultural or processed food products included in the schedule. Meat and meat products are scheduled products under the Act. Section 10 prescribes the functions of the Authority. Section 10(2)(d) empowers the Authority to carry out inspection of meat and meat products in any slaughter- house, processing plant, storage premises, conveyances or other places where such products are kept or handled for the purpose of ensuring the quality of such products.

(3.) Parliament has also enacted the Export (Quality Control & Inspection) Act, 1963 to provide for the sound development of export trade of India through quality control and inspection. In exercise of powers conferred by the Act, the Union Government has made the Export of Raw Meat (Chilled/Frozen) (Quality Control and Inspection) Rules, 1992. Rule 3.2 prescribes the requirement of an abattoir as follows :