Jammu & Kashmir And Ladakh High Court Dismisses Writ Petition Challenging SCN Regarding Export Of Banned Yarn Shawls

The Jammu & Kashmir And Ladakh High Court has dismissed a writ petition challenging a show cause notice regarding the export of banned yarn shawls.

The bench of Justice Vinod Chatterji Koul has observed that the act of respondents in seizing consignments or goods took place in Delhi, followed by other events including the issuance of show cause notices, etc., so it is the courts or forums in Delhi where the petitioner can lay his claim or raise his grievances.

The petitioner has challenged the Show Cause notice issued by the office of the Commissioner of Customs (SIIB), Air Cargo Export, New Custom House, Near IGI Airport, New Delhi (Special Intelligence and Investigation Branch). As per the said show cause notice, Pashmina Embroidered Ladies Shawls were presented for clearance for export on November 28, 2014. On its examination, it was observed that the goods being made of wool required a No Objection Certificate from Wildlife Authorities.

The Inspector, of the Wildlife Crime Control Bureau (Northern Region), New Delhi, examined the consignment, and it was observed that out of 33 shawls, 20 appeared to be a mixture of Shahtoosh. As to whether the goods contained objectionable yarn, they were sent for a forensic test.

The Regional Deputy Director,of Wildlife Crime Control Bureau (NR), informed all suspected twenty pieces of shawls containing hair of Tibetan Antelope (Pantholops Hodgsonii), which is prohibited and, as such, were seized under and in terms of Section 110 of the Customs Act, 1962. So, the items were seized at New Delhi, and a show cause notice was issued at New Delhi.

The department contended that cause of action has arisen at New Delhi as the consignment or goods have been seized there and a show cause notice has also been issued by authority at New Delhi. Therefore, the jurisdiction lies before the forum or courts at New Delhi and not before the courts or forum in the state or U.T. of J&K.

The petitioner contended that part of the cause of action had arisen within the territorial jurisdiction of the J&K High Court as the consignment or goods were sent from Srinagar. The J&K High Court has jurisdiction to try and entertain the writ petition.

The court held that the Government of India is within the territories of every High Court in India, and the only High Court that has jurisdiction to issue a writ, 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.

The court stated that the cause of action has arisen within the territorial jurisdiction of Delhi and not the state or UT of J&K, so it is the courts at Delhi where the petitioner can approach with his plea.

Case Title: M/s Ali Shah through Arif Ahmad Shah Versus Union of India and others

Citation: 2023 LiveLaw (JKL) 166

Case No.: OWP no.251/2015 c/w OWP no.1110/2015

Date: 16.06.2023

Counsel For Petitioner: Nissar A. Bhat

Counsel For Respondent: T.M.Shamsi

Click Here To Read The Order