2008 (4) TMI 733 - HC - Customs

Summary

Issues involved:
The issues involved in this case include the delay in commencing adjudication proceedings, challenge to the jurisdiction of the Assistant Commissioner to issue the show cause notice, and the need for expeditious disposal of the show cause notice.

Delay in Commencing Adjudication Proceedings:
The petitioner sought a direction for the respondents to start adjudication proceedings based on a show cause notice issued in 1994. The petitioner was apprehended for allegedly attempting to smuggle antique coins out of the country and subsequently detained. Despite the passage of over five years, no steps were taken by the respondents to initiate the adjudication proceedings. The respondents cited the need to document and ascertain the antiquity of a large number of coins involved in the case, with some difficulty in coordinating with the Director General of the Archeological Survey of India. The court dismissed the application to involve the Director General, stating it was an inter-departmental dispute. The court directed the respondents to complete the adjudication proceedings within one year, emphasizing the importance of expeditious disposal due to the long pending nature of the case.

Challenge to Jurisdiction:
The petitioner had challenged the jurisdiction of the Assistant Commissioner to issue the show cause notice in a previous writ petition, which was rejected by a Division Bench in 2002. The current petition did not seek any further relief beyond expeditious disposal of the show cause notice. The court acknowledged the lengthy process of challenging the notice and emphasized the need for prompt resolution, directing the petitioner to cooperate in the process.

Expeditious Disposal of Show Cause Notice:
Given the prolonged pendency of the show cause notice since 1994, the court's primary focus was on ensuring its swift resolution. The court expected both the respondents to adhere to the specified timeline for completion of adjudication proceedings and the petitioner to cooperate accordingly. The writ petition was disposed of, along with all pending miscellaneous applications.