SOUBHIK EXPORTS LTD. Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) The Court: In this writ petition, the Petitioners pray for a direction to permit the Customs authorities to allow certain consignment of rice to be exported to Bangladesh. The variety of rice sought to be exported is described as non -Basmati rice and the Petitioners claim to have lodged the bills of export with the invoice -cum -packing list of such consignments on various dates in the month of January 2008.

(2.) Export of non -Basmati rice, however, was prohibited under a notification dated October 15, 2007. Thereafter, however, certain relaxation was made permitting such export in the event the minimum export price was more than US $ 425 per ton FOB, which is equivalent to Rs. 17000/ - per ton. This notification was issued on December 12, 2007. Thereafter, there has been subsequent Notifications effecting variation in the minimum export price, which has been enhanced from time to time.

(3.) The Petitioners, in the present writ petition rely on a notification issued on April 1, 2008, in which such ban has been relaxed in cases of rice consignments certified by the Customs authorities which had been accepted for export till March 6, 2008 (mid -night) in land customs station in West Bengal. The relevant clause in this regard is set out herein under: