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2013 (10) TMI 1343 - HC - Indian Laws

Issues involved: Legality of detention notices, seizure of goods, show cause notices pending adjudication.

Summary:
The controversy in the present writ petition revolves around the legality of detention notices, followed by the seizure of goods and the issuance of show cause notices, all of which are currently pending adjudication before the adjudicating authority. The petitioner, through their counsel, argues that the detained goods, excluding grease and rubber processed oil, have been released. They have obtained information under the Right to Information Act indicating that the detained goods are not hazardous. The petitioner seeks to quash the proceedings, including the show cause notices, and requests the release of the goods based on this information. On the other hand, the respondents' counsel contends that since the matter is still pending adjudication, the petitioner should raise these arguments before the adjudicating authority for a decision.

After hearing arguments from both sides, the Court directs the petitioner to appear before the adjudicating authority, granting them the liberty to raise all the arguments presented in the writ petition, including those based on the information obtained under the RTI Act. The adjudicating authority is instructed to provide the petitioner with a personal hearing and to conclude the matter within a week of the petitioner submitting their reply or defense, if any. The parties are ordered to appear before the adjudicating authority on a specified date.

 

 

 

 

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