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Issues: Central Government's refusal to extend time for clearing sugar released for sale in the open market.
Analysis: 1. The case involved a single question of whether the Central Government was justified in denying an extension of time to the appellants for clearing sugar released for sale in the open market. The appellants, companies incorporated under the Indian Companies Act, were engaged in the production, manufacturing, and selling of sugar in Uttar Pradesh and Bihar. The Central Government, through the Sugar (Control) Order, 1966, restricted the sale of sugar by producers, requiring directions from the Central Government for any sale or disposal of sugar. 2. The Minister for Food and Agriculture announced the sugar policy for 1967-68, allowing factories to sell a portion of their production at the free market price subject to releases sanctioned by the Government of India. The Director issued release orders to the appellants on December 23, 1967, permitting them to sell specified quantities of sugar in the open market, with a deadline for disposal by January 22, 1968. The appellants faced delays in transporting the sugar due to railway wagon unavailability, despite their efforts to fulfill the orders promptly. 3. The appellants demonstrated that they took immediate steps to dispose of the sugar upon receiving the release orders, and any delays were beyond their control. It was acknowledged that a decision had been made to provide producers with 30 days for disposal, yet the appellants were only given 26 days. The Court emphasized the fundamental right to trade as a guaranteed freedom, subject to reasonable restrictions imposed by law and orders. Considering the logistical challenges of transporting sugar to distant markets, the Court deemed the 28-day disposal period inadequate and criticized the rejection of the appellants' request for an extension as unreasonable and mechanical. 4. Consequently, the Court allowed the appeals, directing the respondents to release an equivalent quantity of sugar for free sale to the appellants for the 1968-69 season. This release was to compensate for the sugar surrendered from the quota allocated for sale in the open market for the 1967-68 year. The appellants were also awarded costs in both the Supreme Court and the High Court.
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