Case Law Details
Asfive Agro Private Limited & Ors Vs Union Of India And Ors. (Delhi High Court)
Delhi High Court held that the Trade Notice no. 08/2023 dated 20.06.2023 issued by DGFT setting out the conditions of eligibility and procedure for allocation of quota for export of broken rice set aside. Frther, respondent are directed to re-evaluate the criteria for allocation of quota for export of broken rice.
Facts- The petitioners in these set of petitions are inter alia engaged in the business of trading in rice. They impugn Trade Notice no. 08/2023 dated 20.06.2023 issued by the Directorate General of Foreign Trade, inter alia, setting out the conditions of eligibility and procedure for allocation of quota for export of broken rice on humanitarian food security grounds.
The petitioners are, essentially, aggrieved by the conditions that restrict the eligibility for securing allocation of quota to only those exporters, who had exported rice to the countries in question (Senegal, Gambia and Indonesia) in the three preceding financial years. The petitioners state that they have a verifiable track record of exporting rice, thus, restricting the eligibility to export rice only to those persons that had exported rice to the specified countries offends Article 14 and Article 19(1)(g) of the Constitution of India.
Export of broken rice, which is otherwise proscribed, has been permitted to certain countries (Senegal, Gambia and Indonesia) in limited quantities on humanitarian grounds and to address the food security concerns of those nations.
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