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2024 (12) TMI 235 - HC - CustomsViolation of principles of natural justice - petitioner was not heard before the impugned order was passed - HELD THAT - The impugned order appears to have been passed in violation of the principles of natural justice and hence, it is liable to be quashed. The case is remitted back to the 1st respondent, for passing fresh orders. The petitioner shall positively appear before the 1st respondent, for personal hearing on 09.12.2024 and make his submissions. Thereafter, the 1st respondent shall pass orders afresh, within a period of three months from the date of receipt of a copy of this order. Petition disposed off by way of remand.
Issues:
Violation of principles of natural justice in passing the impugned order. Analysis: The petitioner challenged an impugned order passed by the 1st respondent imposing penalties and confiscating goods under various sections of the Customs Act, 1962. The petitioner claimed to have replied to a Show Cause Notice and expected a personal hearing on specific dates. However, there was a discrepancy between the dates mentioned in the impugned order and the counter affidavit filed by the respondents regarding the personal hearing dates. The petitioner was not heard before the impugned order was passed, indicating a violation of the principles of natural justice. The impugned order was quashed by the court, and the case was remitted back to the 1st respondent for fresh orders. The petitioner was directed to appear for a personal hearing on a specified date to make submissions. The 1st respondent was instructed to pass fresh orders within three months from the receipt of the court's order. The writ petition was disposed of without costs, and the connected miscellaneous petition was closed. This judgment highlights the importance of adhering to the principles of natural justice in administrative proceedings, emphasizing the right to be heard before decisions affecting one's rights are made. The court's intervention in quashing the impugned order and remitting the case back for fresh orders underscores the significance of procedural fairness in legal proceedings.
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