2022 (7) TMI 526 - HC - Customs

Requirement of notice to person who are posted within the jurisdiction of this Court - HELD THAT - There are so many matters in which Customs department, either Sea Customs or Air Customs, is involved and nobody appears for them. Therefore, this Court is not able to proceed further in the matter, particularly old matters. There are matters where substantial revenue is involved and the Government will be the loser. All Principal Chief Commissioners, who are posted within the jurisdiction of this Court are put to notice that whenever any matter is listed pertaining to their Commissionerate, either they shall personally remain present in Court and go on with the matter or ensure that a duly authorised advocate is instructed to appear in the matter. If due to absence of any representative the matter is adjourned, it is made clear that this Court will impose costs to be recovered from the Principal Chief Commissioner from his salary under whose jurisdiction the subject matter is covered. At the request of this Court, Mr. Mishra states that he will forward a copy of this order to all the Principal Chief Commissioners who are posted under the jurisdiction of this Court - Stand over to 30th June 2022.

Summary

Issues: Lack of representation by Customs department in court proceedings, potential revenue loss to the government, directive to Principal Chief Commissioners, imposition of costs for adjournments, communication to relevant authorities.

The High Court expressed concern over the absence of representation by the Customs department in various cases, leading to delays in proceedings and potential revenue loss for the government. The Court emphasized the importance of having authorized advocates present for such matters and issued a directive to all Principal Chief Commissioners within its jurisdiction. The directive stated that the Commissioners must either personally attend court proceedings or ensure the presence of a duly authorized advocate; otherwise, costs may be imposed and recovered from the Commissioner's salary. The Court directed the concerned advocate to forward a copy of the order to all Principal Chief Commissioners under its jurisdiction. The case was adjourned to a later date, and a copy of the order was also directed to be sent to the Minister for Law and Justice, Finance Minister, PMO, and the Attorney General for information and necessary action.