2005 (3) TMI 135 - HC - Customs

Summary

Issues:
Challenge against the cancellation of detention certificate by Customs Authorities without providing an opportunity of hearing to the petitioners and the subsequent impact on the remission granted by Bombay Port Trust.

Analysis:

Cancellation of Detention Certificate without Opportunity of Hearing:
The petitioners contended that the detention certificate was rightfully issued as per the public notice without the requirement of the Deputy Collector's signature. They argued that the cancellation without granting an opportunity of hearing was a violation of natural justice and would result in severe financial loss. The Court acknowledged that before canceling the certificate, it was mandatory for Customs to provide an opportunity of hearing due to the civil consequences involved. The Court found the lack of such an opportunity to be a clear breach of principles of natural justice.

Impact of Remission Granted by Bombay Port Trust:
The detention certificate was accepted and acted upon by Bombay Port Trust, leading to the grant of 80% remission in favor of the petitioners. The Court noted that once the certificate was acted upon, it could not have been canceled, and any defects should have been rectified instead. The petitioners had submitted the bill of entry, executed the PD Bond, and the goods were detained pending a test report, establishing their entitlement to the detention certificate on merits.

Decision and Conclusion:
After considering the arguments and facts presented, the Court decided not to remand the matter back to the lower authorities due to the prolonged pendency of the case. The Court held that justice would be served by making the rule absolute, declaring the detention certificate covering the specified period as legal and valid. The petitioners were granted all consequential reliefs, and the rule was made absolute accordingly, with no order as to costs.