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TMI Blog2023 (11) TMI 1231X X X X Extracts X X X X X X X X Extracts X X X X ..... f this notification, Non-Basmati White Rice which could earlier be exported has now been prohibited from being exported in view of amendment to the export policy. The said notification has come into effect from the date of its issuance and the provisions under Paragraph 1.05 of the Foreign Trade Policy 2023 regarding transitional arrangement is not made applicable for export of Non-Basmati White Rice. The export of consignments have been permitted only in certain conditions indicated in the notification. 2. The petitioners are aggrieved by issuance of the said notification since they as exporters are precluded from exporting Non-Basmati White Rice notwithstanding the fact that they have entered into contracts with foreign entities prior to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xport of Non-Basmati White Rice from 20.07.2023. Since the petitioners did not satisfy the conditions of exception by which the exports were allowed they were not entitled to any relief whatsoever. Merely because the petitioners stated that they had work orders in their favour the same would not be sufficient to permit them to undertake such exports after 20.07.2023. The notification having been issued in exercise of powers conferred by Section 3 read with Section 5 of the Foreign Trade (Development and Regulation) Act, 1992, there was no illegality in that regard. Since paragraph 1.05 of the Foreign Trade Policy, 2023 was not applicable, the petitioners were not entitled for any relief whatsoever. 4. On hearing the learned counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... policy, following the interim order passed by the Andhra Pradesh High Court, we are inclined to issue a similar direction. 6. Accordingly, it is directed that the respondents shall permit the petitioners to export Non-Basmati White Rice that was stored by the petitioners at the concerned warehouses prior to 20.07.2023. This arrangement would be subject to outcome of the writ petition. The petitioners shall not claim any equity in this regard. It is made clear that in case the petitioners fail in the writ petition, the respondents would be free to take recourse to the provisions of the Customs Act, 1962 and especially Sections 113(D) and 114 thereof. 7. Stand over four weeks for further consideration. 8. The parties to act on the authent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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