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1994 Supreme(SC) 648

R.M.SAHAI, S.C.AGRAWAL
State Trading Corporation Of India LTD. – Appellant
Versus
Union Of India – Respondent


Advocates:
A.S.NAMBIYAR, A.Subhashini, Altaf Ahmed, G.S.CHATTERJEE, Niranjana Singh, S.Atreya, S.K.JAIN, Y.P.DHAMIJA

JUDGMENT

S.C. AGRAWAL, J.

(1) THESE appeals are directed against the common judgment of the High court of Delhi dated 29/10/1979 in the writ petitions assailing the amendments introduced in the Export (Control) Order, 1977 on 20/2/1979 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. Section 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. Insofar as silver is concerned its export was completely prohibited till 1974. The said ban was lifted in February 1974. By notification dated 26/8/1976, the export of silver was canalised through the State Trading Corporation, appellant herein. The scheme for canalisation of export of sil















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