ALTAMAS KABIR - (1.) The petitioner is a company claiming to be carrying on business of exporting non-basamti rice to Bangladesh in terms of the Import and Export policy published by the Central Government under S. 5 of the Foreign Trade (Development and Regulation) Act, 1992.
(2.) On 9th January, 1999, a rake of 40 wagons containing 2335 metric tonnes of non-basmati rice procured by the petitioner-company from Bhatinda in Punjab, arrived at Krishnagar Railway Station. On 12th January, 1999, the petitioner-company obtained a transit permit for the said consignment of rice from the Deputy Secretary, Food and Supplies Department, Government of West Bengal, against a letter of credit dated 25th November, 1998, in respect whereof a transit permit had earlier been issued for 1620 Metric tonnes of non-basmati rice on 14th December, 1998, and which had, thereafter, been twice amended to provide for export of an additional amount of 3240 Metric tonnes of such rice.
(3.) Appearing in support of the writ petition, Mr. Soumen Ghosh submitted that although after obtaining the transit permit on 12th January, 1999, the petitioner wanted to take delivery of the rice in question from the railway wagons, he was prevented from doing so by the Goods Shed Supervisor, Krishnagar Railway Station, who informed the petitioner's representative that the District Enforcement Officer had instructed him not to deliver the consignment of rice to the petitioner's-representative.;