1984 (5) TMI 236 - SUPREME COURT

Whether there was any relevant material before the authority competent to take action under clause 8B to reach the satisfaction contemplated by that clause?

Held that:- We have held that action under Clause 8B is of an interim nature and it may be ex-parte, in which case the affected party may make a suitable representation bringing out all the outweighing circumstances in his favour. That is the real remedy of the party. Courts do not enter the picture at that stage unless the action is mala fide or patently without jurisdiction.

We consider that this is not a matter for the court to decide at this stage in a petition under Article 226 of the Constitution or under Article 32 of the Constitution questioning an ad-interim order under Clause 8B. Again we cannot enter into the controversy whether there has been mis utilisation of the imported goods by the petitioners and whether the petitioners can be termed as 'actual users' within the meaning of that expression in the Import Control Order by the mere fact that they subject the beef tallow to 'air-treatment'. All these questions pertain to the merits of the controversy and it is not for us to embark into a discussion into these matters.

In the facts and circumstances of this, case, the real remedy of the party, as we conceive it, is to make a representation to the concerned authority setting out his version of the facts and the law and the prejudice to himself and the public interest as a consequence of the action under clause 8B.