2010 (7) TMI 504

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.... for the Respondent. [Judgment per : S.J. Mukhopadhaya, CJ. (Oral)]. - In this public interest litigation, the petitioner challenged the amendment to Rule 3 of the Raw Meat (Chilled/Frozen) (Quality Control and Inspection) Rules, 1992 framed in exercise of powers conferred by Section 17 of the Export (Quality Control and Inspection) Act, 1963. 2. The proviso, banning the export of me....

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.... "Provided that the meat sourced from animal slaughtered in an abattoir or a slaughter house run by a local authority shall not be eligible for export." The said amendment was challenged before the Bombay High Court in Writ Petition No. 1728 of 1999 - M/s. Miki Exports International & Ors. v. Union of India & Ors. wherein ad-interim order of stay was passed on 13-7-1999, but thereafter by imp....

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....assed by the Bombay High Court, if it has come to the notice of the authorities that the amendment as was made is not in accordance with law or not in public interest or is otherwise bad, it is always open to the competent authority to repeal the amendment in the public interest. 7. Admittedly, there was no ban to export the meat sourced from animals slaughtered in an abattoir or a slaught....