S.C. Agrawal, J. - (1.) These appeals are directed against the common judgment of the High Court of Delhi dated October 29, 1979 in the writ petitions assailing the amendments introduced in the Export (Control) Order, 1977 on February 20, 1979 whereby a ban on the export of silver was imposed by the Government of India.
(2.) Import and Export of goods is controlled by the Imports and Exports (Control) Act, 1947. S. 3 of the said Act empowers the Central Government to make a provision for prohibiting, restricting or otherwise controlling, in all cases or in specified classes of cases, and subject to such exceptions, if any, as may be made by or under the order the import, export, carriage coastwise or shipment as ship stores of goods of any specified description. In exercise of the said power, the Central Government has been controlling the export of goods from the country. In so far as silver is concerned its export was completely prohibited till 1974. The said ban was lifted in February, 1974. By Notification dated August 26, 1976, the export of silver was canalised through the State Trading Corporation, appellant herein. The scheme for canalisation of export of silver through the appellant envisaged :- (i) a Business Associateship Contract which was required to be entered into by the local supplier/ dealer/ exporter of silver with the appellant; (ii) a separate contract for export of specified quantity of silver by the local supplier to be entered into between the appellant and the local supplier/ dealer/ exporter of silver; and (iii) a contract to be entered into by the appellant with the foreign buyer for export of silver.
(3.) Under the said scheme for canalisation, the appellant was to undertake market surveys on behalf of the buyer and to negotiate and conclude export contracts for export of silver in consultation with the supplier and was entitled to a consideration of 1% of the value of invoice.;