ORDER :

1. Heard Mr. Neeraj Kishan Kaul, learned Additional Solicitor General for India and Ms. V. Mohana, learned senior counsel for the respondent.

2. The singular question that emerges in this special leave petition is whether the Division Bench of the High Court of Kerala at Ernakulam in W.A. No. 1284 of 2013 [2016 (335) E.L.T. 596 (Ker.)] should have proceeded to adjudicate the matter on facts that the respondent had imported construction sand and, that apart, certain legislations, namely, The Destructive Insects and Pests Act, 1914, The Plant Quarantine (Regulation of Import into India) Order, 2003, Customs, Act, 1962 and Foreign Trade (Development and Regulation) Act, 1992, are applicable. It is submitted by Mr. Kaul that the Division Bench has erred by opining that the Plant Quarantine Order (Regulation to Import into India) Order, 2003 is not applicable.

3. We have been apprised in course of hearing that the entire sand has been released pursuant to the order passed by the High Court. Whether the Plant Quarantine Order is applicable or not, or whether all the legislations that the Division Bench said are applicable or not should not have been gone into by the High Court in ex