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2018 (8) TMI 1351 - HC - CustomsPre-export restrictions/obligations sought to be imposed by the 1st and 2nd respondents - Illegal mining - paramount contention advanced by learned Senior Counsel for the petitioner is based on Sec.2(33) of the Customs Act, 1962 - whether Exts.P2 and P3 issued by respondents 1 and 2 are in accordance with law and in accordance with the provisions of the Customs Act, Foreign Trade (Development & Regulation) Act and the Foreign Trade Policy? Held that:- Even though various contentions are raised by the petitioner by producing documents along with the reply affidavits as well as additional affidavits, they are not transforming themselves into pleadings, since no amendment is made to the writ petition and the reliefs sought for against the respondents are based on alleged illegality in Exts.P2 and P3 - It is also made clear that, no reliefs are sought for by the petitioner against the action of the Government of Tamil Nadu, issuing various orders stopping the mining operations, transportation etc. etc. If the intention of the Parliament was only the law relating to export as specified above, it should have been made specific in the Customs Act. Having not done so, and taking into account the provisions of MMDR Act, 1957, it is patent and clear, a harmonious and coordinated action is envisioned in the matter of providing mining lease, despite the fact that the Central Government is vested with powers for making Rules - It is also clear from the provisions thereunder, the entire operations are regulated, controlled and managed by the State Government. Apart from the same, a harmonious relationship is existing by and between the Union and the States, in accordance with the Federal principles. There is mutual respect for the laws made by the Central as well as the State Governments, unless there is clear transgression in the area of legislation, as contemplated under the Constitution of India. Moreover, the insistence made by the Customs officers is not with respect to garnet as is sought to be exported by the petitioner. The Customs Authorities have issued Exts.P2 and P3 in accordance with the powers conferred on them under the Customs Act, the notifications issued by the Government of India specified above under the provisions of Foreign Trade Policy, 2015-2020 read along with Sec.5 of the Foreign Trade (Development & Regulation) Act. There is no case made out by the petitioner, justifying interference of this Court under Article 226 of the Constitution of India, there being no illegality, arbitrariness, or unfairness on the part of respondents 1 and 2 in issuing Exts.P2 and P3 - however, it is made clear that if the petitioner is able to produce the necessary documents as is required in Exts.P2 and P3, it is for the Customs Authorities to consider the same in accordance with law. Petition dismissed.
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