Decided on December 11,1997

Export Promotion Bureau Appellant
Acqua Foods Ltd. Respondents


BIMALENDU BIKASH ROY CHOUDHURY,J - (1.) Both the petitions for leave to appeal are directed against the judgment and order dated 24 February 1996 passed by a Division Bench of the High Court Division in Writ Petition No. 2822 of 1996 making the Rule absolute and declaring Public Notification No. 21(95-96) Import dated 24 January 1996 (Annexure-A to the writ petition) to have been made without lawful authority.
(2.) CPLA No. 606 of 1997 has been presented by the Vice-Chairman, Export Promotion Bureau. CPLA No. 614 of 1997 is by the Government of Bangladesh, but it is out of time 81 days and no satisfactory explanation has been offered for the delay.
(3.) Acqua Foods Limited and its Managing Director were the writ petitioners who have been engaged in business of processing and exporting shrimps to foreign countries since 1982. In 1995 the writ petitioners supplied shrimps to three concerns, (a) Ocean Garden Products Inc. (b) Clouston Food Group, and (c) Key Sea Food Imports Inc, all of USA. Before shipment, all the relevant authorities including the buyers agents had inspected the shrimps under shipment by random selection at all stages. The Fish Inspection and Quality Control Department of the Government, Lloyds surveyors, buyers surveyors, clearing agents and Customs authority had all done the inspection and allowed the shrimps to be loaded in the vessels. At the port of destination, the buyers also accepted the shrimps and took them to their respective warehouses. After 25 days of taking delivery of the shrimps the buyers directly lodged complaints to the Export Promotion Bureau, briefly the EPB, without raising any objection to the writ petitioners as to the quality and size of the shrimps. The EPB thereafter brought the matter to the notice of the Government in the Ministry of Commerce who gave direction to the Controller of Imports and Exports and latter cancelled the writ petitioners Export. Registration Certificate (ERC) and issued the above mentioned public notification.;

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