2006 (8) TMI 106

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....owing the petitioner to complete export of 15000 metric tonnes of sugar to Bangladesh. 2. The facts giving rise to the writ application are briefly as follows : 3. The petitioner entered into an agreement with one M/s. Mazumdar Enterprises of Bangladesh for supply of 15000 metric tonnes of sugar at the rate of 419 US $ per metric tonne. The sugar was to be delivered within 11th July, 2006. ....

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....xport of the consignments of sugar on the ground of want of release order of the Directorate of Sugar under the Sugar Control Order. The goods were allegedly stopped pursuant to a standing order of the Commissioner of Customs (Preventive). 8. Export and Import in India is controlled by the provisions of the Foreign Trade (Development and Regulation) Act, 1992. 9. In exercise of powers confer....

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....rt is prohibited. 13. The amendment of the Foreign Trade Policy by the said notification dated 4th July, 2006 cannot apply to the consignments of the petitioner referred to above, which had duly been endorsed for inspection by the Customs Authorities in May, 2006 in view of paragraph 1.5 the Foreign Trade Policy provides as follows "1.5. In case an export or import that is permitted freely u....

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.... date. 15 The notification, referred to above, cannot and does not have retrospective operation and cannot in any case apply to consignments covered by 'a Letter of Credit opened way back on 10th May, 2006. 16 It is not in dispute that the Letter of Credit in the instant case opened on 10th May, 2006, long before issuance of the notification imposing restrictions on the export of sugar. 1....