Judgment

RAY, C. J. :- This petition under Article 32 of the Constitution challenges the Trade Notice Dated 29 January, 1972 referred to as the impugned notice.

2. The import and export of goods is regulated by the Imports and Exports Act, 1947 referred to as the 1947 Act. Section 3 of the 1947 Act empowers the Government to issue orders making provisions for prohibiting, restricting or otherwise controlling the import and export of goods of special description. In exercise of the powers conferred under Section 3 of the 1947 Act the Central Government from time to time issued orders regulating export of goods. The Export Control Order, 1968 referred to as the 1968 Order came into existence under these powers. Clause 3 (1) of the 1968 Order provides that no person shall export goods of the description specified in Schedule 1 of the 1968 Order except under and in accordance with the licence granted by the Central Government or by an Officer specified in Schedule 11 of the 1968 Order. Mica scrap and mica waste are included as item No. 22 (a) of Part B of Schedule 1 of the 1968 Order. Part B of Schedule 1 of the 1968 Order enumerates the items the export of which is allowed on merits or subject to ceilings or other conditions to be specified from time to time.

3. I he impugned Notice is issued by the Controller of Imports & Exports under the aforesaid statutory provisions. Under Trade Notice dated 13 March, 1968 reproducing Export Control Order No 1/68-ETC Dated 8 March, 1968 export of mica including mica splittings, blocks, scrap waste which are included in the list of items in Part B of Schedule 1 of the Export Control Order was allowed on merits.

4. Under the impugned notice the export of mica is decided to be under the scheme to canalise the export of all grades and variety of mica, excepting manufactured and fabricated mica, micanite, reconstituted mica powder and mica paper through the Minerals and Metals Trading Corporation of India Ltd. (hereinafter referred to as the Corporation). The impugned Notice further states that this canalisation of export scheme will be effective from 24 January, 1972. With regard to cases falling under pre-canalisation commitment category, the port licensing authorities may allow export if the shipping documents produced by the exporters are accompanied by documents showing that the contract was entered into with the foreign buyers before 24 January, 1972 or telegraphic offer and acceptance is dated prior to 24 January, 1972 and irrevocable letter of credit at sight is opened in a Bank in India or in foreign country before 24 January, 1972.

5. The impugned Notice further states that exporters who wish to avail themselves of the pre-canalisation commitment category are to furnish particulars on or before 15 February, 1972 at the office of the Controller of Imports & Exports. The particulars are first, full statement showing quantity grade of the mica (blocks, splittings, condenser films, mica scrap and factory cuttings), delivery period name of the buyers, contract number and date with particulars of letter of credit number and date and second, quantities already shipped under these contracts and balance quantities to be shipped.

6. Pursuant to the decision notified under the impugned notice the Corporation issued immediately thereafter a Press Notice on export of mica prescribing the procedure to be adopted by the exporters taking recourse to the Canalisation Scheme.

7. The Press Note states that after consideration of the prevailing trade practices and with a view to causing least dislocation in the existing arrangements between the buyers abroad and the local sellers it has been decided to consider requests from the trade on furnishing full particulars of foreign buyers and other relevant details to negotiate sales of mica on behalf of the Corporation. The Corporation will enter into a sale contract with the foreign buyers on a principal to principal basis. The Corporation will simultaneously enter