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2018 (8) TMI 1306 - HC - CustomsPublic Interest Litigation - Sensitive materials were brought into India without following due process of law - compromise of national security and safety - Smuggling activities - Held that:- It is noteworthy that the petitioners are business rivals of the companies against whom allegations are made in these petitions. It is evident that the opportunity to import the goods for Aero Show was lost to the rival companies and, therefore, the petitioners have an axe to grind against those companies. The subject matter of these petitions and grounds urged leave nothing to doubt that the petitioners are out to harass the rival companies and are attempting to secure the orders/directions against them on the specious grounds of the loss to exchequer. The cause of action in this matter arose in the year 2009 and the petitioners, after lapse of three years made a complaint to the concerned authority and then, approached this court invoking its extraordinary jurisdiction only in the month of June, 2017. The casual explanation offered is that though the complaint was lodged in the year 2012, the investigation was tardy and the petitioners were pursuing the matter before the investigating officer - In an appropriate case, this Court may refuse to exercise its extraordinary jurisdiction, if there is such negligence or omission on the part of the petitioners taken in conjunction with the lapse of time and other circumstances causing prejudice to the opposite party. Even where fundamental rights are involved, the matter is still within the discretion of this Court. In the present case, the oblique motive and relentless efforts of the petitioners, directed against their business rivals, is more than obvious. Not being satisfied with an earlier attempt, the tirade continues inasmuch as, the petitioners are seeking to invoke the extraordinary jurisdiction of this Court, keeping the affected parties in dark - This Court is of the firm opinion that this is a fit case where the petition should be dismissed while imposing exemplary costs on the petitioners and other non-monetary directions. Petition dismissed while imposing costs.
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