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2020 (12) TMI 965 - HC - CustomsPrinciples of Natural Justice - grievance of the petitioner is that though two dates of hearing were granted by the adjudicating authority, no hearing has taken place till date - import of peas - HELD THAT - Since show-cause notice has been issued under section 124 of the Customs Act, 1962 to which petitioner has submitted reply, we are of the view that it would meet the ends of justice if the adjudicating authority adjudicates the matter in accordance with law and passes the order in original expeditiously. Let the adjudicating authority pass a speaking order of adjudication after hearing the petitioner and upon independent application of mind considering all aspects - Petition allowed by way of remand.
Issues:
Misjoinder of causes of action; Show-cause notice under Customs Act, 1962; Delay in adjudication process; Relief sought based on previous judgment. Analysis: The High Court addressed the issue of misjoinder of causes of action but decided to focus solely on the show-cause notice issued under section 124 of the Customs Act, 1962. The Court noted that no formal notice was required as the case could be resolved at the present stage. The show-cause notice pertained to the import of Peas and Pulses, with the petitioner submitting a reply. The petitioner's grievance was the delay in the adjudication process despite two scheduled hearing dates. The Court acknowledged the delay due to a change in the adjudicating authority and emphasized the need for expeditious resolution. The petitioner relied on a previous judgment and requested a similar order. The respondents did not object to this request. The Court directed the adjudicating authority to issue a speaking order after hearing the petitioner and considering all aspects, including previous court decisions. The Court emphasized that no opinion on the merit was expressed, keeping all contentions open. The Court ordered the adjudicating process to be completed within seven days from the receipt of the order copy. With this direction, the Writ Petition was disposed of without any cost implications. The order would be digitally signed for action by concerned parties upon receipt via fax or email.
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