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2016 Supreme(SC) 1612
SUPREME COURT OF INDIA
DIPAK MISRA, R. BANUMATHI, JJ.
Commissioner of Customs, Kochi - Appellant
Versus
Covai Raja Metals (India) Pvt. Ltd. - Respondent
Petition for Special Leave to Appeal (C) No. 27745 of 2014
Decided on : 03-05-2016
For the Appellant :Shri N.K. Kaul, ASG, Kapil Rustagi, Sanyat Lodha and B. Krishna Prasad, Advocates.
For the Respondent:Ms. V. Mohana, Sr. Advocate, Shri B. Ragunath, N.C. Kavitha and Vijay Kumar, Advocates.
The court emphasized that the High Court should be circumspect while dealing with a writ petition against the notice issuing show cause and should not delve into the applicability of legislations under Article 226 of the Constitution of India.
Headnote:
Plant Quarantine Order - Applicability of Legislations - The court considered whether the Division Bench of the High Court should have adjudicated the matter on the facts of the respondent's import of construction sand and the applicability of legislations such as 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. The court observed that the High Court should not have delved into the applicability of these legislations under Article 226 of the Constitution of India, especially when the sand had already been released.
Fact of the Case:
The court considered the question of whether the Division Bench of the High Court should have proceeded to adjudicate the matter on the facts of the respondent's import of construction sand and the applicability of various legislations.
Finding of the Court:
The court found that the High Court erred in opining on the applicability of the legislations and should have been circumspect while dealing with a writ petition against the notice issuing show cause.
Issues: The singular issue was whether the Division Bench of the High Court should have proceeded to adjudicate the matter on the facts of the respondent's import of construction sand and the applicability of various legislations.
Ratio Decidendi: The High Court should not have delved into the applicability of legislations under Article 226 of the Constitution of India, especially when the sand had already been released.
Final Decision: The special leave petition was disposed of with no order as to costs.
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 exercise of jurisdiction under Article 226 of the Constitution of India.
4. Be that as it may, as there is no fresh import and as the sand is not there, we keep the question of law open and observe that the High Court should be extremely circumspect while dealing with a writ petition against the notice issuing show cause.
5. The special leave petition is, accordingly, disposed of. There shall be no order as to costs.
Petition disposed of.
