JAIN EXPORTERS PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition is directed against the "show "show cause notice" dated December 23, 1981, issued by the Assistant Collector of Customs, Air Cargo Complex (Import), Calcutta Airport ,Dum Dum (which is Annexure 'F' to the writ petition), "the adjudication order" dated January 19/20, 1982, passed by the Collector of Customs, Calcutta (which is Annexure 'H' to the writ petition) and also the "appellate order" dated March 22, 1982, passed by Member, Central Board of Excise, Customs (which is Annexure 'J' to the writ petition) for issue of appropriate writ for quashing the said notice and the orders, on the ground stated in the writ petition, details of which is stated hereinbelow.

(2.) The petitioner No. 1, M/s. Jain Exports Private Limited is an existing company within the meaning of the Companies Act, 1956, and is a recognised "export house", dealing with export and import of merchandise goods, including "portable generators". The petitioner No. 2 is a shareholder of petitioner No. 1 and a citizen of India.

(3.) In the writ petition, the petitioners have made out a case that by reason of decisions and/or actions and/or issuance of impugned "show cause notices", and because of passing of the "adjudication orders", and" the appellate orders", which have been impugned in the present writ petition, the writ petitioner No. 2 being a citizen of India and a shareholder and his right to carry on his business, through the petitioner No. 1, which his a company, is being deprived and that the respondents are infringing the Fundamental Rights of the petitioners, guaranteed under Articles 14 and 19(l)(g) of the Constitution.