PARACHURI VENKATESWARLU Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Prosecutions have been launched against the petitioners in all these writ petitions for the contravention of clause 4 of the Andhra Pradesh Coarse Grains (Export Control) Order, 1965 (hereinafter called "the Export Control Orders", in that they are alleged to have transported or abetted the transport of coarse grains like jowar and maize to places within the "border area." without obtaining permit from the prescribed authority. The petitioners have filed these writ petitions challenging the constitutional validity of the Export Control Older in general and clause 4 of that Order in particular. In order to appreciate the contentions raised before us, it is necessary to read the relevent provisions of the Export Control Order. "1. Short title, extent and commencement - (1) This Older may be called The Andhra Pradesh Coarse Grains (Export Control) Order, 1965. (2) It extends to the whole of the State of Andhra Pradesh. (3) It shall come into force at once.

(2.) Definitions.-In this Order, unless the context otherwise requires.- (a) "border area" means the area inside the State of Andhra Pradesh falling within a five-mile belt all along the border of that State adjoining the States of Madras, Mysore, Maharashtra, Madhya Pradesh and Orissa. (b) " Coarse grains " means any of the coarse grains specified in the Schedule below :-(the schedule mentions eight categories including jowar and maize). (c) " export " means to take or cause to be taken from any place within the State of Andhra Pradesh to any place outside it. (d) " State Government" means the Government of the State of Andhra Pradesh.

(3.) Restrictions on export of coarse Grains.- No person shall export or attempt to export or abet the export of coarse grains except under and in accordance with a permit issued by the Central Government or the State Government or by any officer authorised in that behalf by the Central Government or, as the case may be, by the State Government : Provided that nothing contained in this clause shall apply to the export of course grains- (1) not exceeding five kilograms in weight in the aggregate by a bona fide traveller as part of his luggage; or (ii) on Government account; or (iii) under and in accordance with Military Credit Notes.