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Abhishek Jain v/s Union of India

    Writ C. No. 10293 of 2014

    Decided On, 24 February 2014

    At, High Court of Judicature at Allahabad

    By, THE HONOURABLE CHIEF JUSTICE DR. DHANANJAYA YASHWANT CHANDRACHUD & THE HONOURABLE MR. JUSTICE DILIP GUPTA

    For the Appellant: M.B. Mathur, Advocate. For the Respondent: Ashok Singh, ASGI, SSC.



Judgment Text

1. At this stage, as stated by the petitioner, only a notice to show c

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ause has been issued to him on 1st March, 2013. We are, therefore, not inclined to consider the constitutional challenge to Rule 17(2) of the Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008.

2. It is well settled that the Court should not decide the issues of constitutional validity in a vacuum. The petitioner would be at liberty to take all defences to the notice to show cause including the constitutional validity of Rule 17(2) which can be considered in an appropriate proceeding under Article 226 after the departmental proceedings are adjudicated.

3. The writ petition is, accordingly, dismissed.

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