2019 (7) TMI 1913 - HC - Customs

Seeking supply of copy of the record of the Personal Hearing to the Petitioner wherein the observations were made during the adjudication proceedings of the Show Cause Notice - seeking to pass speaking order - compliance with the principles of natural justice or not - Smuggling - Gold Bars - HELD THAT - The hearing of the show cause notice dated 29th August, 2017 is going on regarding the seizure of 60 gold bars weighing about 9955.20 gms by the DRI - It appears that the record of the proceedings are not being given by the respondent to the petitioner. The respondent are directed to supply the record of the proceedings of 31st May, 2019 to the petitioner within a period of 10 days from today. Supply of relied documents, return of non-relied documents and digital data as seized during investigation - HELD THAT - The decision shall be taken within a period of two weeks from today in accordance with law, rules, regulations and government policy applicable to the facts of the present case. Writ petition disposed off.

Summary

Issues:
1. Petition for mandamus to direct supply of hearing record and documents
2. Non-compliance with rules of natural justice and Customs Act, 1962
3. Seizure of gold bars by DRI
4. Direction for supply of proceedings record and documents
5. Disposal of writ petition

Analysis:
1. The writ petition sought a mandamus to direct the respondent to provide the petitioner with the record of the Personal Hearing dated 31.05.2019, during the adjudication proceedings of Show Cause Notice No. 41/2017. The petitioner emphasized the need for compliance with the Rules of Natural Justice and provisions of the Customs Act, 1962. Additionally, the petition requested a speaking order on the application for the supply of referred and relied documents, as well as the return of non-relied documents and digital data seized during the investigation.

2. Upon hearing both parties, it was noted that the show cause notice dated 29th August, 2017, pertaining to the seizure of 60 gold bars weighing about 9955.20 gms by the DRI, was under consideration. The court observed that the respondent had not provided the record of the proceedings to the petitioner. Consequently, the court directed the respondent to supply the record of the proceedings of 31st May, 2019, to the petitioner within ten days. Moreover, a decision regarding the supply of relied documents, return of non-relied documents, and digital data seized during the investigation was ordered to be made within two weeks in accordance with relevant laws and regulations.

3. The judgment emphasized the importance of adhering to legal procedures and ensuring access to essential documents and records during adjudication proceedings. By directing the respondent to provide the necessary records and documents to the petitioner, the court upheld the principles of natural justice and the requirements of the Customs Act, 1962. The decision aimed to facilitate a fair and transparent adjudication process in the case involving the seizure of gold bars by the DRI.

4. In conclusion, the writ petition was disposed of with the specified directions for the respondent to comply with the court's orders regarding the supply of proceedings record and documents. The judgment highlighted the significance of timely and lawful actions in response to the petitioner's requests, ensuring a just and equitable resolution in line with the principles of justice and legal requirements.

5. The court ordered the issuance of a dasti copy of the order to the learned Counsel for the respondent, signifying the completion of the judicial process and the enforcement of the directives provided in the judgment. The disposal of the writ petition marked the conclusion of the legal proceedings concerning the supply of essential documents and records in the context of the show cause notice and the seizure of gold bars by the DRI.