barandbench_2020-09_637e1a15-7673-4050-8077-e3ee4714337c_Onions

Ban on export of onions challenged; Bombay HC asks Customs to allow export of pending onion consignments

The Bombay High Court asked the Customs specialists to permit the export of onions previously lying with them preceding the issuance of the notification prohibiting the export of onions with impact from September 14.

The Bench of Justices Ujjal Bhuyan and Abhay Ahuja were hearing a plea moved over the issue by the Horticulture Produce Exporters Association, the owner of Fair Agro Industries and other exporters.

The Court was informed that the authorities had taken a decision to permit the export of onions that were stored preceding the notice. The Court called for also permitting help for the applicants before it, who guaranteed that their items were yet to be loaded.

The Court asked¬† the Customs demonstration speedily in the issue since the transfer products were transitory in nature. The Association has filed this Petition testing the legitimacy of the notification which disallows onion trade. It has asked that: The warning abuses Article 19(1) (g) of the Constitution and isn’t in the public intrigue.

The actions of the Customs will directly affect the income and well-being of farmers involved in onions farming in Maharashtra and that the “state is responsible for their well-being”.

The notice conflicts with the arrangements of the Foreign Trade (Development and Regulation) Act, 1992 and the standards of the Foreign Trade Policy 2015-2020. The Court has directed Senior Advocate Pradeep Jetly to take essential guidelines from the Customs authority before the following hearing. Jetly showed up for the customs authorities alongside Additional Solicitor General Anil Singh.

Senior Advocate Darius Shroff, showing up for the petitioner, called attention to the Court that the transportation charges gave to them would lapse by September 26, 2020.

Thus the Court explained in its request that since the issue is subjudice, “shipping bills prior to issuance of the impugned notification shall not be construed to have lapsed” till an ultimate decision is made by the Court. The issue is recorded for hearing on September 29, 2020.

The petition for the Horticulture Produce Exporters Association was recorded through Dr. Sujay Kantawalla from India Law Alliance. Supporter JB Mishra is the promoter on record for the Customs authority.

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