1993 (6) TMI 89 - HC - Customs

Summary

Issues:
1. Importation of goods and subsequent Show-Cause Notices under Customs Act, 1962.
2. Detention under COFEPOSA and subsequent legal proceedings.
3. Allegations of mala fide actions and lack of jurisdiction by the Collector.
4. Compliance with interim orders for document inspection and officer cross-examination.
5. Review of orders under Sections 124 and 28 of the Customs Act.
6. Challenge to the initiation of proceedings and the right to reply to Show Cause Notice.

Analysis:
The petitioner imported goods in 1983, cleared them, and later faced Show-Cause Notices under Sections 28 and 124 of the Customs Act, 1962 in 1986. The petitioner was detained under COFEPOSA, released by the Central Advisory Board, and sought various documents and information. The petitioner moved a writ application in December 1986, alleging non-disclosure of material documents by Customs Authorities during adjudication proceedings. An interim order restrained the Authorities from proceeding with the Show Cause Notice and directed document production and officer cross-examination.

The petitioner raised several contentions, including that the initiation of proceedings after goods clearance was improper, and the actions were mala fide. The Court clarified that liability for confiscation is distinct from the availability of goods. The Court also rejected the argument that proceedings under Sections 124 and 28 amounted to a review of release orders. Allegations of mala fide actions lacked specifics and were not considered. The jurisdiction of the Collector to issue the Show-Cause Notice was not pursued due to a statutory provision.

The Court directed Customs Authorities to allow document inspections listed in the writ petition within two weeks and produce mentioned officers at the hearing. The petitioner was granted two weeks to reply to the Show Cause Notice. The Collector was instructed to complete proceedings within eight weeks, providing a hearing opportunity. Failure to attend the hearing could lead to an ex parte decision. The Court emphasized that it did not assess the merits of the allegations against the petitioner. The writ petition was disposed of, and interim orders were vacated, with no costs awarded to any party.

In conclusion, the judgment addressed procedural issues, document disclosure, and compliance with interim orders in Customs Act proceedings, ensuring a fair opportunity for the petitioner to respond to allegations.