Jammu & Kashmir High Court - Srinagar Bench
M/S Kashmir Metal Industries Nowhatta vs State Of Jk & Ors. on 26 October, 2017
Author: Ramalingam Sudhakar
Bench: Ramalingam Sudhakar
Serial No. 21
Regular List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
OWP No. 1162/2014
MP No. 1822/2014
Date of Order: 26th October, 2017.
M/S Kashmir Metal Industries Nowhatta
Vs.
State of JK & Ors.
Coram:
Hon'ble Mr Justice Ramalingam Sudhakar, Judge.
Appearance:
For the Petitioner (s): Ms Munaza Rashid, Advocate.
For the Respondent(s): Mr S. H. Naqashbandi, AAG.
Mr Q. R. Shamas, Dy. AG.
i) Whether approved for reporting in Yes/No
Law Journals etc.:
ii) Whether approved for publication
in Press: Yes/No
01. By the nature of relief sought for, this writ petition is admitted to hearing and taken up for final disposal.
02. The writ petition has been filed challenging the show cause notice dated 14 th June, 2014 issued vide endorsement No. DICS/Dev/2014/2748-53, whereby and whereunder invoking the provisions of the Clause 3 of the Jammu and Kashmir OWP No. 1162/2014 Page 1 of 3 Machine Made Specified Copper Utensils (Disposal of Seized Utensils) Rules 2008 in relation to the Prohibition and Manufacture of Specified Copper Utensils (By Machine) Act, 2006, a show cause notice was issued by the General Manager, DIC, Srinagar under the provisions of the J&K Prohibition on Manufacture of Specified Copper Utensils (By Machine) Act, 2006, calling upon the petitioner to state as to why the seized articles should not be confiscated from the transport agency from which it was seized.
03. Pending the writ petition, in terms of the order of this Court dated 6th of August, 2014, a direction was issued to the authorities not to sell or auction the goods in question.
04. Mr Naqashbandi, the learned Additional Advocate General, states that the aforesaid order of this Court has been strictly complied with and the Respondents have not auctioned the goods in question. The statement of the learned Additional Advocate General is taken on record.
05. Be that as it may, the issue is whether the goods are imported goods not falling with the provisions of the Act or they are goods which are subject to restrictions as stipulated under the provisions of the J&K Prohibition on Manufacture of Specified Copper Utensils (By Machine) Act, 2006. This is an issue on fact coupled with law. The petitioner has to establish his case on factual aspect of the case based on records before the authority.
06. The petitioner is at liberty to give a detailed explanation/reply with all documentary evidence to the authority concerned so that a final decision can be OWP No. 1162/2014 Page 2 of 3 taken in the matter. At this stage, there is no scope for this Court to hear the writ petition in relation to a show cause notice primarily on factual dispute.
07. Accordingly, the writ petition is disposed of giving liberty to the petitioner to submit his further reply, if any, to the impugned show cause notice within a period of 15 days from the date of receipt of certified copy of this order. Upon receipt of the said reply, the authority shall consider the same and decide the issue on its own merits. It is desirable that the authority takes a decision in the matter at the earliest. A copy of this order be sent to the Director, Industries and Commerce, Kashmir, i.e. the Respondent No.2 herein, for information and follow up.
08. Writ petition alongwith connected MP(s) disposed of as above.
(Ramalingam Sudhakar) Judge SRINAGAR October 26th, 2017 "TAHIR"
OWP No. 1162/2014 Page 3 of 3