M.N. CHANDURKAR, C.J

The substantial question which arises for consideration in this appeal relates to the determination of the stage at which goods can be treated as having been exported out of India for the purpose of drawback allowance claimable under Section 75 of the Customs Act, 1962 (Central Act 52 of 1962 - hereinafter referred to as the Act).

2.The facts of the case are not in dispute. The petitioner-appellant is a manufacturer of electrical accessories for automobiles and other engines. The appellant company had in February, 1974 filed shipping bills for export of certain items of goods manufactured by it and these goods were loaded on the ship M.V. Ratna Usha. Admittedly, the goods were assessed for export duty and examined by the customs authorities. However, after the cargo was loaded on the vessel, there was a fire in the ship and some of the goods were destroyed. The entire consignment of destroyed and damaged goods was unloaded. The goods sold by public auction to avoid the damaged goods being sold in the market as genuine goods. In the public auction, the goods were cleared by M/s. Lucas Indian Service. Ltd., Madras-2 which is a subsidiary company of the