Supreme Court - Daily Orders
The Commissioner Of Customs, Kochi vs M/S Covai Raja Metals (India) Pvt. Ltd. on 3 May, 2016
Bench: Dipak Misra, R. Banumathi
ITEM NO.11 COURT NO.4 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 27745/2014
(Arising out of impugned final judgment and order dated 10/09/2013
in WA No.1284/2013 passed by the High Court of Kerala at Ernakulam)
THE COMMISSIONER OF CUSTOMS, KOCHI & ORS. Petitioner(s)
VERSUS
M/S COVAI RAJA METALS (INDIA) PVT. LTD. Respondent(s)
(with appln. (s) for c/delay in filing SLP and c/delay in refiling
SLP and office report)
Date : 03/05/2016 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MRS. JUSTICE R. BANUMATHI
For Petitioner(s) Mr. N.K. Kaul, ASG
Mr. Kapil Rustagi, Adv.
Mr. Sanyat Lodha, Adv.
Mr. B. Krishna Prasad, AOR
For Respondent(s) Ms. V. Mohana, Sr. Adv.
Mr. B. Ragunath, Adv.
Mr. N.C. Kavitha, Adv.
Mr. Vijay Kumar, AOR
UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. Neeraj Kishan Kaul, learned Additional Solicitor General for India and Ms. V. Mohana, learned senior counsel for the respondent.
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 should have proceeded to Signature Not Verified adjudicate the matter on facts that the respondent had imported Digitally signed by GULSHAN KUMAR ARORA Date: 2016.05.07 11:47:19 IST construction sand and, that apart, certain legislations, namely, Reason:
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.
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.
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.
The special leave petition is, accordingly, disposed of. There shall be no order as to costs.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master