Excelsior Correspondent
Srinagar, June 23: The High Court has dismissed the plea challenging the show cause notice issued by the Special Intelligence and Investigation Branch New Delhi against a Kashmiri firm for export of banned yarn shawls.
The show cause notice was issued by the office of Commissioner of Customs (SIIB), New Delhi (Special Intelligence & Investigation Branch) against the firm- Ali Shah & Sons on seizure of objectionable yarn items.
The Inspector, Wildlife Crime Control Bureau (Northern Region) New Delhi examined the consignment and it was observed that out of 33 shawls, 20 shawls appear to be mixture of Shahtoosh. The same were sent for forensic test to find out as to whether the goods contained objectionable yarn or not.
The Regional Deputy Director, Wildlife Crime Control Bureau (NR) informed all suspected twenty pieces of shawls contained hair of Tibetan Antelope (Pantholopes Hodgsoni), which is prohibited and as such, were seized, as there was reason that they were liable for confiscation and the items were seized at New Delhi, impugned show cause notice has been issued at New Delhi.
The counsel representing Union of India raised a question on maintainability of instant writ petition during the course of arguments. He argued that cause of action has arisen at New Delhi in as much as the consignment/goods have been seized at New Delhi and show cause notice has also been issued by authority at New Delhi, so the jurisdiction lies before the forum and courts at New Delhi and not before the courts and forum in J&K.
The counsel representing the firm submitted that the part of cause of action has arisen within the territorial jurisdiction of this court as the consignment and goods were sent from Srinagar.
Justice Sanjay Dhar turned down his arguments and said the Government of India is within the territories of every High Court in India, the only High Court which has jurisdiction to issue writ or order or directions under Article 226 against it, is the one within the territory under which the act or omission against which relief was sought took place.
Justice Dhar has held that since the act against which the relief has been sought was clearly performed at Delhi, therefore, the Jammu and Kashmir High Court cannot exercise its jurisdiction under Article 226. “There is, thus, force in the submission of Union counsel that cause of action has arisen within the territorial jurisdiction of Delhi and not State/UT of J&K, so it is the courts at Delhi where the petitioner can approach with his plea”, reads the judgment.
Court added that if petitioner-firm has any grievance vis-à-vis show cause notice, he has a right to contest impugned show cause notice before Commissioner of Customs (Export) New Delhi at the time of its adjudication. “The instant writ petition is without any merit and is, accordingly, dismissed. Interim direction, if any, shall stand vacated”, Court concluded.
Follow our WhatsApp channel