9911796707
|
Home
Issues:
Scope of Writ Petition regarding order confiscating goods under Customs Act, 1962 and imposition of penalties. Power of Appellate Collector to set aside order due to procedural irregularity. Applicability of criminal jurisprudence principles in customs proceedings. Authority of Assistant Collector to initiate fresh proceedings after order set aside. Analysis: 1. The Writ Petition challenged the Appellate Collector's order setting aside the Assistant Collector's decision to confiscate goods under the Customs Act, 1962 due to procedural irregularity. The petitioner contended that the Appellate Collector exceeded his powers by allowing the Assistant Collector to initiate fresh proceedings. However, the Court clarified that the Appellate Collector did not direct a de novo enquiry but merely set aside the order due to a procedural flaw. As the decision was not based on merits, the Assistant Collector had the right to start fresh proceedings. The Court emphasized that the Appellate Collector's order did not constitute a direction to initiate proceedings anew, and the Assistant Collector was entitled to do so without any specific prohibition under the Act. 2. The petitioner argued that customs proceedings have penal characteristics and should follow criminal jurisprudence principles, preventing a fresh enquiry once an order is set aside. Citing a Supreme Court decision, the petitioner contended that burden of proof lies with customs authorities and restarting proceedings would be impermissible. However, the Court reasoned that the Supreme Court's observation on burden of proof was made in a different context. Since the petitioner was not acquitted on merits but due to a procedural error, the application of criminal jurisprudence principles did not preclude the Assistant Collector from commencing fresh proceedings. 3. The petitioner further contended that the Customs Act does not empower the Assistant Collector to initiate fresh proceedings after an order is set aside. The Court held that in the absence of any statutory restriction, an original authority can proceed afresh when an order is quashed due to procedural irregularity. As there was no provision explicitly prohibiting the Assistant Collector from starting new proceedings, the Court rejected this argument and upheld the authority's right to initiate fresh proceedings. 4. Consequently, the Court found no merit in the Writ Petition and dismissed it, affirming the Appellate Collector's decision to set aside the Assistant Collector's order and allowing the initiation of fresh proceedings in the case.
|
