JAIN EXPORTS PRIVATE LIMITED Vs. UNION OF INDIA
HIGH COURT OF DELHI
JAIN EXPORTS PRIVATE LIMITED
UNION OF INDIA
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(1.)By this petition under Articles 226 and 227 of the Constitution of India, and the connected petition, being C.W.P. No. 4038 of 1982, Jain Exports Private Limited, a company, inter alia, carrying on business of imports and exports, and R. K. Jain, its Managing Director, for short, the petitioners, challenge the validity of two orders of the Collector of Customs, Ahmedabad, confiscating industrial coconut oil, imported by them against 11 import licences, of the redemption fine of 5 crores imposed on them and of the proceedings leading thereto, including the show cause notices issued to them at the initiation of the proceedings.
(2.)Courts are primarily concerned with the questions in controversy before them, whether of facts or of law, confined to the material properly brought on the record of proceedingsd uninfluenced by the antecenents of partiesthe nature of their activities outside the transactions in dispute, their conduct in spheres and activities with which the court is not directly concerned, their reputations generally and/or the controversies in which parties may be individually involved or with each other elsewhere. This is intended to ensure a fail and impartial adjudication of matters in controversy before the court and to safeguard against any possible bias or extraneous material influencing the judicial mind, particularly, where some of the extra-judicial influence may be based on material which has not been subjected to closer scrutiny or otherwise appropriately sifted. Such a course is absolutely indispensable to ensure the judicial vision is not allowed to be blurred by extraneous considerations.
(3.)These are, however, cases of a rather controversial nature, involving equally controversial litigants and it is, therefore, necessary to notice some of the salient features which lent an unusual character to the impugned orders, the impugned transactions as also to the petitioners, who are understood to have left a trail of controversy in some of the fields in which they operated in the past and are currently operating, not excluding the corridors of the Central Government and even the precincts of this court.
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