Commissioner of Customs, Kochi v. Covai Raja Metals (India) Pvt. Ltd.
2016-05-03
DIPAK MISRA, R.BANUMATHI
body2016
DigiLaw.ai
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.