1994 (11) TMI 137 - HC - Customs

Summary

Issues Involved:
1. Jurisdiction of the 2nd respondent to issue the show cause notice under Section 124 of the Customs Act.
2. Prematurity of the writ petition at the stage of the show cause notice.
3. Compliance with principles of natural justice.

Detailed Analysis:

1. Jurisdiction of the 2nd Respondent to Issue the Show Cause Notice:
The petitioner challenged the jurisdiction of the 2nd respondent (Assistant Collector of Customs) to issue the show cause notice under Section 124 of the Customs Act, arguing that only the Collector of Customs or Deputy Collector of Customs could issue such a notice due to the value of the goods involved. The Court examined Section 122 and Section 124 of the Customs Act. Section 122 outlines the adjudication powers based on the value of goods, while Section 124 mandates a show cause notice before confiscation. The Court referred to the decision in *M.B. Patel v. Kaul* (AIR 1976 Gujarat 134), which clarified that the issuance of a show cause notice is a distinct step from adjudication and can be undertaken by any competent officer. The Court concluded that the 2nd respondent had the authority to issue the show cause notice, as the notice itself directed the petitioner to submit the explanation to the adjudicating authority, the 1st respondent (Collector of Customs-II, Madras).

2. Prematurity of the Writ Petition:
The respondents argued that the writ petition was premature since it was filed at the stage of the show cause notice. The Court agreed, noting that the petitioner's grievances were based on suppositions and surmises. The Court emphasized that the 2nd respondent was only facilitating the receipt of the explanation, and all further proceedings, including any hearing, would be conducted by the adjudicating authority, the 1st respondent. The Court held that any grievances regarding the conduct of the proceedings should be raised only if and when any irregularities actually occur.

3. Compliance with Principles of Natural Justice:
The petitioner relied on the decision in *V. Ramananda v. Collector of Customs* (A.I.R. 1965 Kerala 286) to argue that the show cause notice violated principles of natural justice. However, the Court distinguished the present case from *V. Ramananda*, noting that the impugned notice specifically stated that the explanation should be submitted to the adjudicating authority and that the petitioner would be given an opportunity to be heard. The Court found that there was no violation of natural justice, as the notice did not obligate the petitioner to appear before the 2nd respondent for adjudication.

Conclusion:
The Court rejected the writ petition, holding that the 2nd respondent had the jurisdiction to issue the show cause notice and that the petition was premature. The Court clarified that all further proceedings would be conducted by the adjudicating authority, ensuring compliance with principles of natural justice. The interim injunction was vacated, and the writ miscellaneous petitions were disposed of accordingly. The Court made it clear that its observations should not be construed as an opinion on the merits of the case, which remain open for consideration by the competent authority.