2002 (11) TMI 606 - AT - Customs

Summary

Issues:
- Imposition of penalties under Sections 112 and 117 of the Customs Act
- Absolute confiscation of 24 gold biscuits under Section 126 of the Act
- Alleged violation of principles of natural justice in passing the order

Imposition of Penalties:
The judgment pertains to three appellants who were imposed penalties by the Commissioner under Sections 112 and 117 of the Customs Act. One of the appellants claims ownership of the confiscated gold biscuits and challenges the absolute confiscation. The appellants, through their Counsel, argued that the adjudicating authority violated the principles of natural justice by not providing adequate notice for personal hearing. Due to the riots in Gujarat, the appellants' Advocate faced difficulties in attending the hearings, which led to a significant delay in communication. The Tribunal found a gross violation of natural justice and set aside the impugned order. The Commissioner was directed to pass a fresh speaking order after granting a reasonable opportunity of being heard to the appellants, emphasizing that the new order must be signed by the Commissioner.

Absolute Confiscation of Gold Biscuits:
The Commissioner had ordered the absolute confiscation of 24 gold biscuits with foreign markings under Section 126 of the Customs Act. One of the appellants claimed ownership of the confiscated goods and contested the confiscation. The Tribunal, after considering the circumstances, found that the principles of natural justice were not adhered to in the proceedings. The Tribunal set aside the original order and instructed the Commissioner to issue a new order after providing a fair opportunity for the appellants to present their case. The decision emphasized the importance of following due process and granting a proper hearing before making such confiscatory orders.

Violation of Principles of Natural Justice:
The central issue in this judgment revolved around the alleged violation of the principles of natural justice by the adjudicating authority. The appellants argued that they were not given adequate notice for the personal hearing due to the situation in Gujarat. The Tribunal observed that the communication between the Commissioner and the appellants' Advocate was significantly delayed, impacting the appellants' ability to participate effectively in the proceedings. The Tribunal concluded that there was a clear violation of natural justice in this case and, as a result, set aside the original order. The Commissioner was directed to re-examine the case and issue a fresh order after ensuring that the appellants receive a fair opportunity to present their arguments.