2009 (8) TMI 771

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....e Petitioner. [Order per : A.L. Dave, J. (Oral)]. - By this petition under Article 226 of the Constitution of India, the petitioners seek following reliefs :- "(A) Your Lordship may be pleased to declare the restrictions imposed under the Exim Policy at category 1B of Appendix 3 to Schedule 2 of the ITC (HS) Classification of export and import items, as it existed prior to 1-7-2005, as ul....

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....p;  Your Lordships will be pleased to grant any other appropriate relief, pass any such and further order in the interest of justice." 2. Heard learned advocate Mr. R.C. Saxsena, appearing for M/s. Trivedi & 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 consonan....

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....nt authorities themselves and, therefore, also in absence of a domestic statute, they cannot penalise the petitioners. 4. We have given a thoughtful consideration to the submissions made by Mr. Saxsena. The petitioners challenge notice dated 5/6th October, 2005 by this petition in the year 2009, having lost the battle once in respect of their sister concern. The notice, in para 4, itself m....

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....of challenge to the provisions of the Export Policy, as being constitutionally invalid. 5. A reference to the order dated 15th/20th April, 2005 (Annexure-D), particularly paragraphs 3 & 4, is the clear answer to the contention that the law in support of the Treaty came into force in the year 2005. Paragraphs 3 & 4 run as under :- "3. Whereas, the above mentioned chemicals are expor....