2024 (3) TMI 1302 - HC - Customs

Suspension of operations of handling the cargo of third parties - Non-issuance of a show cause notice - Validity Of order passed by the Commissioner of Customs (G) - failure to comply with the provisions of Regulations 5 10(1)(m) of the SCMTR, 2018 and Section 33, 34, 39, 40 41 of the Customs Act, 1962 - confiscation of goods - penalty - HELD THAT - As the petitioners are handling the cargo of third parties and if the order-in-original is not suspended, it would be a serious and an irreparable prejudice not only to the petitioners but also to third parties with whom the petitioners have contracts to handle their cargo. Thus, in our opinion, it is in the interest of justice that the proceedings are remanded to the Commissioner of Customs for a fresh order to be passed after an opportunity of hearing is granted to the petitioners after issuance of a show cause notice, so that the petitioners are made aware in regard to the allegations intended to be made against the petitioners for such action to be resorted and on which the petitioners can be heard by the Adjudicating Officer. Thus, for such course of action to be adopted, the impugned order dated 14 March 2024 would be required to be quashed and set aside, as also the consequences emanating from the said order namely the Public Notice dated 20 March 2024 would also be required to be not acted upon. Ordered accordingly. We, accordingly, dispose of this petition in terms of our aforesaid observations.

Summary

Issues involved:
The petition challenges the order suspending operations of the petitioners' company under SCMTR, 2018 and Customs Act, 1962 without issuing a show cause notice or granting an opportunity of hearing.

Summary:
The petitioners challenged an order suspending their company's operations under SCMTR, 2018 and Customs Act, 1962 without prior notice or hearing. The court noted the absence of a show cause notice and opportunity of hearing, emphasizing the breach of natural justice principles. The respondents argued that a prior communication from the petitioners implied consent to forgo these requirements, which the court rejected as misconceived. Recognizing the potential harm to both the petitioners and third parties, the court remanded the case to the Commissioner of Customs for a fresh order after providing a show cause notice and an opportunity of hearing. The court quashed the impugned order and directed the withdrawal of related public notices. The petition was disposed of with no costs, and the Commissioner was instructed to proceed in accordance with the law after the show cause notice and hearing.