SANKAK PRASAD MITRA, J.

( 1 ) THIS is an appeal from the Judgment and Order if Sinha J. (as he then was) dated the 25th November, 1953. The facts briefly are that prior to the 1st of June, 1951, the export of Aluminium to Pakistan was permissible under an Open General licence. There was no prohibitior on such exports. BY a Notification dated the 1st June. 1951, the Government of India, imposed a prohibition. M/s. Sovachand Mulchand the appellant before us applied on the 10th July, 1951 to the Land Customs Authorities at Sealdah for a permit to export a certain quantity of aluminium warp to Mymonsingh in Eastern Pakistan. The Government of India on July 12, 1951, rejected the application: but since the notification of the 1st June, 1951 had not been communicated to Sealdah. a wagon was allotted to the petitioner on the 13th July, 1951 for despatch of goods on the 14th. As the goods were not tendered, the Railways, we were told, cancelled the allotment. On the 11th July, 1951, the notification of the 1st June, 1951. reached Sealdah. The petitioner did not get in touch with the authorities at Sealdah and on the 16th July, 1951, made another application to the Land Customs at Naihati

Click Here to Read the rest of this document