2011 (4) TMI 31 - HC - Customs

Adjudicating proceedings - Court finds it appropriate to direct the respondent to return to the petitioner the seized documents, which are not relevant for carrying on the adjudication process and the copies of all the documents relied on by the respondent, during the process of adjudication, within fifteen days from the date of receipt of a copy of this order - The respondent shall follow the principles of natural justice during the process of adjudication, by affording a reasonable opportunity to the petitioner to substantiate the claims made by him - It is also made clear that the petitioner should cooperate, fully, in the adjudication process, which shall be conducted by the respondent, as per the relevant provisions of law, as expeditiously as possible - The writ petition is ordered accordingly - No costs

Summary

Issues:
1. Writ petition seeking a Writ of Prohibition to stop the respondent from proceeding with the adjudication process without supplying documents and following principles of natural justice.

Analysis:
The petitioner filed a writ petition requesting a Writ of Prohibition to prevent the respondent from continuing with the adjudication process without providing the documents requested by the petitioner and without adhering to the principles of natural justice. The petitioner's Senior Advocate argued that the adjudication process should proceed only after the respondent furnishes the seized documents and copies of documents relied upon during the proceedings, emphasizing the importance of following natural justice principles. On the other hand, the respondent's counsel assured that irrelevant seized documents would be returned to the petitioner, and copies of all relevant documents used during adjudication would be provided within fifteen days.

The Court, after considering the arguments from both sides, directed the respondent to return any seized documents not necessary for the adjudication process and to provide copies of all documents relied upon during adjudication within fifteen days. The Court explicitly stated that the respondent must adhere to the principles of natural justice during the adjudication process, granting the petitioner a fair opportunity to support their claims. Additionally, the petitioner was instructed to fully cooperate in the adjudication process, which should be conducted promptly in accordance with the relevant laws. The writ petition was allowed, with no costs imposed, and the connected miscellaneous petition was closed.