2011 (1) TMI 1342 - HC - Indian Laws

Summary

Issues involved: The legality of Alert Circular No. 31/2010-JNCH DT. 05.08.2010 issued by the Respondent, and the lack of opportunity for hearing before its issuance.

Judgment Summary:

Issue 1: Legality of Alert Circular
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking to quash the impugned Alert Circular No. 31/2010-JNCH DT. 05.08.2010 as arbitrary and illegal. The petitioner's counsel argued that the circular was issued without affording an opportunity of hearing. On the other hand, the respondent's counsel contended that the circular was merely an alert circular, not casting any stigma or blacklisting the petitioner. It was explained that such alerts are issued for inspection purposes when goods at the port do not match the declaration certificate. The court held that the circular should not be considered stigmatic towards the petitioner and clarified that the petitioner had not been blacklisted by the department. The respondents were directed to publish this clarification on their website.

Issue 2: Lack of Opportunity for Hearing
The petitioner's counsel raised the issue of lack of opportunity for hearing before the issuance of the circular. However, the court's decision focused on clarifying the non-stigmatic nature of the circular towards the petitioner, rather than delving into the procedural aspect of affording a hearing. The writ petition was disposed of with the above observations and directions, without any order as to costs.

Conclusion
The High Court of Delhi held that the impugned Alert Circular No. 31/2010-JNCH DT. 05.08.2010 was not stigmatic towards the petitioner and clarified that the petitioner had not been blacklisted by the department. The court did not address the issue of lack of opportunity for hearing before the circular's issuance, focusing instead on the non-stigmatic nature of the circular.