2016 (5) TMI 504 - SC - Customs

Import of construction sand - Writ jurisdiction of High Court - 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.

Summary

Issues:
1. Applicability of various legislations in a case involving the import of construction sand.
2. Jurisdiction of the High Court under Article 226 of the Constitution of India.
3. Observations on the High Court's handling of writ petitions against show cause notices.

Analysis:
1. The primary issue in this case was the applicability of several legislations, including 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, in a matter concerning the import of construction sand. The Supreme Court examined whether the Division Bench of the High Court of Kerala erred in adjudicating on the factual aspects of the case and the applicability of these legislations. The Court noted that the High Court should have exercised caution in delving into these matters under Article 226 of the Constitution of India.

2. Regarding the jurisdiction of the High Court under Article 226, the Court emphasized that the High Court should be circumspect when dealing with writ petitions challenging show cause notices. The Court highlighted the importance of prudence and restraint in such cases, especially when there is no fresh import and the subject matter has been resolved, as in the present case where the sand had already been released pursuant to a court order. The Court underscored the need for caution and careful consideration in such matters.

3. In conclusion, the Supreme Court disposed of the special leave petition without any order as to costs. The Court left the question of law open, given the specific circumstances of the case where the sand had already been released and there was no ongoing import. The judgment serves as a reminder for the High Courts to exercise discretion and restraint, especially in cases involving show cause notices, and to be mindful of the limits of their jurisdiction under Article 226 of the Constitution of India.