2020 (1) TMI 682 - HC - Customs

Smuggling - Gold - confiscation of seized goods alongwith penalty - process of adjudication of the Show Cause Notice dated 29th August, 2017 has already been started, which is yet to be completed - HELD THAT - This writ petition has been preferred for correction of methodology of adjudication, which we are not going to interfere at all because it is left on the discretion and wisdom of the respondents and with the expectation that they shall follow the law, rules, regulations and Government policy as applicable to the facts of the case. Petition disposed off.

Issues:
1. Writ petition seeking mandamus to direct respondent to provide records of adjudication proceedings and order sheets.
2. Writ petition seeking mandamus to direct respondent to supply copies of seized documents and digital data.
3. Writ petition seeking certiorarified-mandamus for smooth conduct of proceedings and passing of adjudication order.
4. Writ petition seeking mandamus for passing a speaking Adjudication Order.
5. Seeking suitable directions/orders as deemed necessary in the case.

Analysis:

1. The writ petition requested a mandamus to direct the respondent to provide records of adjudication proceedings and order sheets, in observance of the Rules of Natural Justice and provisions of the Customs Act, 1962. The petition also sought the supply of seized documents and digital data, including those seized from the petitioner's business premises. The court noted the seizure of 60 gold bars from the petitioner and the issuance of a Show Cause Notice for confiscation and penalties. The court decided not to interfere with the adjudication process, leaving it to the discretion of the respondents, with an expectation that they would follow the applicable laws, rules, regulations, and judicial pronouncements. The court directed the respondents to provide any daily orders passed to the petitioner after following the necessary procedures.

2. The writ petition also sought a certiorarified-mandamus to ensure the smooth conduct of proceedings, including the presence of witnesses, continuation of cross-examinations, and timely conclusion of the proceedings. The court emphasized that the respondents should adhere to legal requirements and judicial precedents in conducting the adjudication process. The petition further requested the issuance of a speaking Adjudication Order after considering all materials on record. The court disposed of the writ petition with observations regarding the expectations from the respondents in following legal procedures and providing necessary documentation to the petitioner.

3. The court addressed the various prayers made in the writ petition, including the request for suitable directions and orders in the interest of justice. The respondents were directed to comply with legal provisions, government policies, and judicial decisions while adjudicating the matter. The court highlighted the importance of following established legal principles and providing transparency in the adjudication process. The writ petition was disposed of based on the court's observations and directions to the respondents for the proper handling of the case.

4. Additionally, a related application for stay was disposed of in view of the order passed on the writ petition, indicating that the court's decision on the main petition also affected the ancillary applications. The disposal of the stay application was a consequential step following the resolution of the primary issues raised in the writ petition. The court's comprehensive analysis and directives aimed to ensure a fair and lawful adjudication process while upholding the principles of natural justice and legal requirements.

5. In conclusion, the judgment provided detailed insights into the issues raised in the writ petition, emphasizing the importance of procedural fairness, adherence to legal norms, and compliance with judicial precedents. The court's directions to the respondents underscored the need for a judicious and expeditious resolution of the adjudication proceedings, with a focus on upholding the rule of law and ensuring justice in the case. The disposal of the writ petition and related application signified the court's oversight and guidance in overseeing the adjudicatory process in a manner consistent with legal standards and principles.

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