1989 (1) TMI 140 - HC - Customs

Summary

Issues Involved:
1. Request for a writ of certiorarified mandamus.
2. Production of documents under Section 108 of the Customs Act, 1962.
3. Alleged violation of principles of natural justice.
4. Right to challenge decisions in adjudication proceedings.

Detailed Analysis:

1. Request for a Writ of Certiorarified Mandamus
The petitioners sought the issuance of a writ of certiorarified mandamus to quash the communication dated 14-12-1988 from the respondent and to direct the respondent to give a hearing and pass orders on the application dated 15-11-1988 for the production of documents. The petitioners argued that these documents were necessary for a detailed reply to the show cause notice issued under the Customs Act, 1962.

2. Production of Documents under Section 108 of the Customs Act, 1962
The petitioners requested the production of documents and summoning of witnesses under Section 108 of the Customs Act. The respondent, in their counter-affidavit, contended that the issuance of summons under Section 108 is meant for proper investigation during a preliminary enquiry and not for adjudication proceedings. The respondent argued that they could only rely on documents or statements referred to in the show cause notice during adjudication. The respondent had not yet decided on the petitioners' application for summoning documents and witnesses.

3. Alleged Violation of Principles of Natural Justice
The petitioners claimed that the principles of natural justice were violated as their application for the production of documents was not considered. The respondent countered that no final order had been passed on the application and that the petitioners would be given an opportunity to present their case. The court agreed with the respondent, stating that the mere issuance of a notice for a hearing to examine a witness does not constitute a violation of natural justice. The court emphasized that the adjudication proceedings were still pending and that it was not appropriate to interfere at this stage.

4. Right to Challenge Decisions in Adjudication Proceedings
The court noted that if the respondent proceeded with the adjudication without disposing of the petitioners' application, the petitioners had the right to challenge any final order through an appeal under the Customs Act. The court highlighted that the writ of mandamus is discretionary and not a matter of right. Given the statements in the respondent's counter-affidavit indicating that the application had not been dismissed and would be considered, the court found no grounds to issue a writ of mandamus.

Conclusion:
The court dismissed the writ petition, stating that the petitioners could challenge any adverse order passed by the respondent in the adjudication proceedings through the appropriate appellate mechanisms provided under the Customs Act. The court found no violation of natural justice and held that the respondent had not yet taken a final decision on the petitioners' application for the production of documents.