Gujarat Ambuja Exports Ltd And Ors vs Union Of India And Ors on 17 February, 2011
38. The facts in Agri Trade India Services Pvt. Ltd. v. Union of India were
that a ban was imposed on the export of chickpeas with effect from 22nd June
2006. On that date, the Finance Minister announced the ban to the Press
soon after the Cabinet Meeting on Pricing. The electronic media reported the
ban on 22nd June 2006 itself. The newspapers of 23rd June 2006 prominently
reported the ban. However, the formal notification of the ban on the export
of chickpeas was issued under Section 5 FTDR Act only five days later on
27th June 2006. A second notification was issued on 4th July 2006 purporting
to amend the earlier Notification dated 22nd June 2006. By the said
amendment it was announced that transitional arrangements notified under
W.P.(C) Nos. 8406 to 8408, 8590, 8627 & 8548 of 2010 Page 32 of 49
Para 1.5 of the FTP shall not be applicable for export of pulses against
irrevocable LCs opened on or after 22nd June 2006 "as the decision of the
Government prohibiting the export of pulses was announced and got widely
publicized on 22.6.2006 in the electronic and print media."