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(6) The Central Government has issued an official publication known as "Hand Book of Import-Export Procedures". This is dated May 4, 1978. This Hand Book deals with various aspects of import and export of commodities and goods into and from India. It also lays down the procedures which various authorities follow and are required to follow in permitting or not permitting import or export of goods and commodities. Chapter Xiii of this Hand Book deals with Export Licensing Procedures. It first sets out the categories of exporters and then deals with the various types of licenses. It also deals with situations where exports were permitted of a particular commodity but banned later and what is to happen in case of pre-ban commitments. Paragraph 316 deals with this contingency. It lays down that unless otherwise provided, the pre-ban (including pre-control) commitments will be ordinarily honoured for export control purposes. This includes a situation where against the specific export order either an irrevocable Letter of Credit had been opened and accepted by a scheduled Indian Bank or an advance payment had been received through an authorised dealer in foreign exchange, covering the full f.o.b. value of the consignment, prior to the date of the ban. Paragraph 323 lays down that unless otherwise stated applications for the export of items which are not normally allowed or whose export is allowed on merits should be addressed to the Chief Controller of imports and exports. New Delhi. Applications for the export of all other controlled items, should be addressed to one of the regional licensing authorities mentioned in Appendix 8 depending on the port from which export is to be made. Paragraph 314 lays down that those items of which export is freely allowed but which are not covered by an Open General license, the intending exporters are required to secure licensing endorsements on the connected shipping bills from the licensing authorities concerned. These are to be done on prescribed forms.

"(I)Whether application where advance payments have been received through an authorised dealer in foreign exchange covering the full f.o.b. value of the consignment prior to the date of the ban can be taken into consideration in terms of para 316(4) of Hand Book of Import-Export Procedures, 1978-79 in view of the provision, made in Public Notice No. 37-ETC(PN)/78 dated 5-6-1978 regarding opening and acceptance of irrevocable letters of Credit and by an Indian bank in support of the firm commitment entitled into during the pre-ban period ;

(B)the said Public Notice is hit by the principles of promissory estoppel keeping in view the declaration of the annual policy and the existing provisions to honour pre-ban commitments.

(15) Dr. Singhvi, learned counsel for the petitioners, submitted that we may first decide the third and fourth propositions formulated by him and go to the other propositions only if we are not in agreement with his contentions on those propositions. In other words he submitted that the validity of Section 30 of the Act or the exercise of powers under Section 3 being bad in the absence of any legislative control or guidelines may not be pronounced upon. Therefore, in considering the validity of the ban imposed by the impugned Twenty-Seven Amendment to the Exports (Control) Order, 1977 and the Public Notice dated June 5, 1978 we shall assume the validity of Section 3 of the Act. We will also assume that despite the fact that there are no rules framed under Section 8 of the Act and even though there is no machinery provided for consultation, representation or rectification of executive orders the power exercised under Section 3 does not suffer from the vice of uncanalised or unguided power. Regarding the desirability of having rules or procedure for consultation, representation or rectification of an administrative or executive order in the sphere of administrative law, we shall comment later.