2009 (3) TMI 606 - HC - Customs

Principles of natural justice - right of the petitioner has been affected since a direction has been given to deposit 25% of the total amount of duty confirmed and penalty imposed - petitioner was entitled to an opportunity of hearing - respondent is directed to consider the application for stay afresh by passing a reasoned order - writ petition is allowed

Summary

Issues:
Challenge to order of Additional Director General of Foreign Trade dismissing appeals on various grounds.

Analysis:
The petitioner challenged the order dated 28th November, 2006 passed by the Additional Director General of Foreign Trade, Kolkata, dismissing appeals against the orders dated 14th February, 2007 and 16th February, 2007 by the Joint Director General of Foreign Trade, Kolkata. The court noted discrepancies in the order, such as recording dates in 2007 for proceedings when the order was passed in 2006. The court found it strange that such errors were made by a high-ranking official. Additionally, the court observed that an adjournment petition sent by email on 6th November, 2007 was not considered, further undermining the validity of the impugned order. Consequently, the court set aside and quashed the impugned order, allowing the writ petition and directing that any future hearing of the appeal should be conducted by an officer other than the one who passed the original order.

The court disposed of the writ petition at the admission stage without calling for affidavits, indicating that the allegations made in the petition were deemed admitted by the respondents. No costs were awarded in the judgment. Furthermore, all parties involved were instructed to act based on a signed copy of the minutes of the operative part of the order, subject to the usual undertakings.