Case Note & Summary
The petitioner, Al Zubair Exporter, an exporter of buffalo meat since 1992, challenged a notification dated 31 October 2011 issued by the Union Ministry of Commerce and Industry. The notification, issued under Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 read with Para 2.1 of the Foreign Trade Policy 2009-2014, substituted Chapter 2 of Schedule 2 of the ITC (HS) Classification. Note 6 to Chapter 2 required exporters to furnish a declaration with copies of valid APEDA Plant Registration Certificates to customs, certifying that the meat items were obtained/sourced from an APEDA registered integrated abattoir or from an APEDA registered meat processing plant which sources raw material exclusively from APEDA registered integrated abattoir/abattoir. The petitioner argued that the notification was ultra vires the Act and imposed unreasonable restrictions. The court, comprising Dr. D.Y. Chandrachud and A.A. Sayed, JJ., heard the matter on 1 December 2011. The court held that the notification was within the powers of the Central Government under Section 5 of the Foreign Trade Act, which allows the government to make provisions for the development and regulation of foreign trade. The requirement of sourcing from APEDA registered facilities was a reasonable measure to ensure quality control and traceability of meat exports. The court dismissed the petition, upholding the validity of the notification.
Headnote
A) Foreign Trade - Export of Meat - Notification Validity - Section 5 Foreign Trade (Development & Regulation) Act, 1992 - Challenge to notification requiring exporters to furnish declaration that meat is sourced from APEDA registered integrated abattoir or processing plant - Court held that the notification is within the powers of the Central Government under Section 5 and is a reasonable regulation to ensure quality and traceability of exports - Petition dismissed (Paras 1-3).
Issue of Consideration
Whether the notification dated 31 October 2011 requiring exporters of meat and meat products to source from APEDA registered integrated abattoirs or processing plants is valid and not ultra vires the Foreign Trade Act.
Final Decision
The petition is dismissed. The notification dated 31 October 2011 is upheld as valid.
Law Points
- Foreign Trade Policy
- APEDA registration
- Export of meat products
- Section 5 Foreign Trade (Development & Regulation) Act
- 1992
- Notification validity
Case Details
WRIT PETITION NO. 9043 OF 2011
Dr. D.Y. Chandrachud, A. A. Sayed
Mr. Zubin Behram Kamdin with Mr. Charles Desouza and Mr. Gandhar Raikar for Petitioner; Mr. D.J. Khambata, ASG with Mr. R.V. Desai, Sr. Adv., Mr. Rajinder Kumar and Mr. Prashant Kamble for Respondents
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Nature of Litigation
Challenge to a notification issued by the Union Government regarding export of meat and meat products.
Remedy Sought
Petitioner sought to challenge the notification dated 31 October 2011 requiring sourcing from APEDA registered facilities.
Filing Reason
Petitioner, an exporter of buffalo meat, claimed the notification was ultra vires the Foreign Trade Act.
Issues
Whether the notification dated 31 October 2011 is ultra vires the Foreign Trade (Development & Regulation) Act, 1992.
Submissions/Arguments
Petitioner argued that the notification is ultra vires the Act and imposes unreasonable restrictions.
Respondents supported the notification as a valid exercise of power under Section 5 of the Act.
Ratio Decidendi
The Central Government has the power under Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 to issue notifications regulating exports. The requirement of sourcing meat from APEDA registered integrated abattoirs or processing plants is a reasonable regulation to ensure quality and traceability of exports.
Judgment Excerpts
By the notification which has been issued in exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 read with Para 2.1 of the Foreign Trade Policy, 2009-2014 as amended from time to time the Central Government has substituted Chapter – 2 of Schedule 2 of the ITC (HS) Classification of Export and Import Items, with a fresh provision.
Note 6. Export of meat and meat products will be allowed subject to the exporter furnishing a declaration, attached with copies of valid APEDA Plant Registration Certificate(s) to the customs at the time of exports that the above items have been obtained/sourced from an APEDA registered integrated abattoir or from APEDA registered meat processing plant which sources raw material exclusively from APEDA registered integrated abattoir/abattoir.
Procedural History
The petitioner filed a writ petition in the High Court of Judicature at Bombay challenging the notification dated 31 October 2011. The court heard the matter on 1 December 2011 and dismissed the petition by oral judgment.
Acts & Sections
- Foreign Trade (Development & Regulation) Act, 1992: Section 5
- Agricultural and Processed Food Products Export Development Authority Act, 1985:
