Judgement

M. HIDAYATULLAH J. : Writ Petition No. 9 of 1959 has been filed by the Lord Krishna Sugar Mills, Ltd., Saharanpur and Shri Sushil Kumar, a Director of the said Mills. It was heard along with Writ Petition No, 14 of 1959, which has been filed by Shiva Prasad Banarsidas Sugar Mills, Bijnor through Seth Munnalal and also by him in his own name. These Mills are hereinafter referred to as the L. K. S. Mills and S. P. B. Mills, respectively. The petitions raise the same contentions, but in Writ Petition No. 14 of 1959, there is one more circumstance, which will be mentioned later. The petitions are directed against the Union of India and the Indian Sugar Mills Association (Export Agency Division) Calcutta. The petitioners challenge inter alia the constitutionality of the Sugar Export Promotion Act, 1958 (30 of 1958), which shall hereafter be referred to as the Act. They question also the legality of certain orders passed by the second respondent purporting to be under the Act.

2. Before describing how this matter came before the Court, it is convenient to give the scheme of the Act and to set out some of its provisions. On 27-6-1958, the President promulgated the Sugar Export P