Mir Farhat
SRINAGAR, Nov 5: Taking strong note of polythene menace in the State, Jammu and Kashmir High Court today directed the Commissioner Sales tax to check and control the entry of polythene bags into the State.
A Division Bench of the High Court comprising Justice Mohammad Yaqoob Mir and Justice Muzaffar Hussain Attar passed a slew of directions after examining the compliance report filed by the Government over entry of polythene into the State.
“It is the responsibility of Commissioner Sales Tax to check and control entry of polythene and polythene bags into the State,” the bench directed, adding, he might have certain difficulties but to overcome such difficulties committees have been constituted to work out as how to install scanners and other electronic equipments to check and scan the goods which are entering into the State.
Pulling up the Government, the court observed they (authorities) cannot be allowed to say that it is not their primary duty.
“Of course, it is their duty and they must ensure complete ban on polythene. Whatever polythene has entered into the State, the authorities must seriously monitor it and take its care,” the bench said.
The court said with immunity violations were unabated by drivers and vehicle owners in carrying polythene into the State which was a matter of concern despite repeated directions by the court and several measures taken by the Government.
Filing the compliance report, the Government said two committees have been constituted to explore the feasibility of installation of technical, electronic equipments and creation of electronic infrastructure to detect illegal entry of banned polythene into the State through Lakhanpor Toll Post.
The court directed inorder to ensure meaningful compliance of the orders, the committee has to work at a convenient speed, for so doing association of technical experts was imperative.
Zahoor Ahmad Shah, amicus curie, pointed out that two members in the committee-a police official and senior law officer in Finance Department- have been unnecessarily included into the committee, which the court asked to be deleted from the committee and two technical experts should be included in shortest possible time.
The court observed how was the polythene material entering into the State raises various doubts after the latest compliance report mentioned that huge quantity has been seized from various vehicles.
The court also directed the authorities should display sighboards at the Lower Munda and Lakhanpur Toll Posts to the effect that any vehicle carrying polythene and polythene bags shall be dealt with under law and drivers and owners be liable for contempt of court.
“Any vehicle seized carrying polythene and polythene material shall not be released till further orders from this court. The violators shall be sternly dealt with for violating the court directions and the laws,” the bench directed.
The court also directed the Commissioner Sales Tax to file affidavit on the quantity of polythene handed over to Pollution Control Board, and secretary PCB has also be directed to file affidavit to show the quantity of polythene received from sales tax, besides mentioning the action taken by them.
The court also directed Deputy Commissioner commercial tax, Jammu, to file affidavit about the action taken against seized vehicles from polythene has been seized and the amount of tax realized.
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