Decided on December 13,1982

UNION OF INDIA Respondents


Chinnappa Reddy, J. - (1.) It transpires from the facts which we shall presently set out that the National Agricultural Co-operative Marketing Federation of India, NAFED for short, is a law unto itself and its officers are not unduly concerned either about carrying out the Export Trade Instructions issued by the Government of India or about filing truthful affidavits in the Supreme Court of India.
(2.) On June 23, 1982, the Chief Controller of Imports and Exports, Ministry of Commerce, Government of India, issued Export Instruction No. 59 of 1982 on the subject of Export Policy of Niger, Seeds during 1982-83. Paragraphs 2 and 3 of the Instruction are important and may be fully set out. They are as follows:- "On a review of the position it has been decided to allow export of Niger seeds within an overall ceiling of 10,000 (Ten thousand) tonnes through the canalising agency, viz. The National Agricultural Co-operative Marketing Federation of India Ltd. (NAFED) subject to minimum export price of Rupees 8,500/- (Rupees eight thousand five hundred) per metric ton. While the NAFED can continue to undertake exports themselves, private parties will also be allowed to export Niger seeds as Associates of NAFED against firm commitments backed by irrevocable Letter of Credit subject to availability of ceiling. Export by private parties will be allowed on first come, first-served basis. For this purpose, the exporters should register their contracts with the NAFED. The NAFED will stop registration of contracts as soon as the ceiling is exhausted. The NAFED will be responsible to moniter the ceiling and ensure that export of Niger Seeds does not exceed the overall quantity ad 10,000 M. T. during 1982-83. In other words, the export will be allowed only against the balance quantity left unutilised out of the ceiling of 10,000 tonnes released vide Export Instruction No. 15/82 dated 7-4-1982."
(3.) Pursuant to the Trade Instruction, a Trade Notice was published by the Joint Chief Controller of Imports and Exports on the same lines. We may mention here that out of the 10,000 tonnes, export of which was to be allowed, the NAFED reserved to itself the right to export 5,000 tonnes and decided to allow its associates to export the remaining 5,000 tonnes.;

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