1990 (7) TMI 134 - HC - Customs

Court Upholds Dismissal of Petition Challenging Customs Orders under

BASHEER AHAMMED Versus COLLECTOR OF CUS. & C. EX.

BASHEER AHAMMED Versus COLLECTOR OF CUS. & C. EX. - 1992 (61) E.L.T. 583 (Ker.) Issues:1. Maintainability of the Original Petition under Article 226 of the Constitution in light of the provisions of the Customs Act, specifically Section 129B(4).2. Interpretation of the provisions of the Customs Act regarding the finality of orders passed by the Appellate Tribunal.3. Examination of whether the High Court can entertain a petition for a writ under Article 226 when an efficacious remedy is provided under the statute.Analysis:The judgment pertains to a case where the petitioner challenged orders under challenge, including an order of confiscation and imposition of penalties by the Collector of Customs, which was confirmed by the Customs Appellate Tribunal. The petitioner sought relief through an Original Petition, requesting a writ of certiorari to quash the orders. The primary contention raised was the maintainability of the Original Petition under Article 226 of the Constitution in light of Section 129B(4) of the Customs Act, which states that orders of the Appellate Tribunal shall be final, subject to certain provisions. The counsel for the petitioner argued that the finality of the Tribunal's order should not impede the High Court's jurisdiction under Article 226. However, the Court delved into the scheme of the Act, emphasizing that the Tribunal's decision merges the Customs authorities' orders, making it a fact-finding body, and providing for avenues of appeal to higher courts. The Court highlighted that the High Court's extraordinary jurisdiction under Article 226 is not an alternative remedy to those provided by statutes, especially when an efficacious remedy exists within the legal framework.Furthermore, the judgment discussed the principles governing the exercise of power under Article 226, emphasizing that the High Court's jurisdiction should not be curtailed by legislation unless through a constitutional amendment. The Court cited judicial precedents to elucidate that interference by the High Court under Article 226 is warranted only in exceptional circumstances, such as decisions made mala fide or in contravention of natural justice. In this case, the Court found that the impugned orders did not fall under such exceptional circumstances and that the statutory remedy provided ample opportunity for redressal of grievances.The Court also addressed the petitioner's reliance on a Supreme Court decision, clarifying that the cited case was distinguishable and did not apply to the present situation. Ultimately, after a thorough analysis of the facts and legal provisions, the Court concluded that the Original Petition was not maintainable and dismissed it, emphasizing that the statutory remedy available to the petitioner was effective and precluded the need for intervention through Article 226.