9911796707
TMI Blog1999 (10) TMI 540X X X X Extracts X X X X X X X X Extracts X X X X ..... ers of the Customs Department, on information received to the effect that dry ginger of foreign origin would be illegally cleared at Sonauli check post and would be transported to Delhi by truck bearing Registration No. DIG-8304, intercepted the truck at Anand Nagar on 29-3-1995 at 1.00 AM and questioned the driver of the truck, who showed the sample of dry ginger to the Officer. The Officers of Customs examined the said goods kept in the driver s cabin and subsequently brought the truck to the Customs Office at Naugarh for a thorough examination of the goods. Such examination was conducted in the presence of certain witnesses, whereupon the Officers recovered 205 bags containing dry ginger of Chinese origin valued at Rs. 8,40,000/- from th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oceedings of the Customs Department eventually terminated in issuance of show cause notice to the afore-named persons including the appellants herein. The appellants replied to the show cause notice pleading ignorance about the goods in question and pleading innocence in the entire episode. Subsequently, in answer to the notice of hearing sent by the adjudicating authority, the appellants made written submission, inter alia, requesting the authorities to furnish copies of the four documents relied upon in the show cause notice. But the documents so requisitioned were not provided by the Customs Authorities. Nevertheless, the matter was adjudicated upon and the impugned order was eventually passed after affording an opportunity of hearing to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke out a good case of violation of principles of natural justice by the adjudicating authority on the basis of the reasons aforestated. On this sole ground, we find that this is a fit case for remand to the lower authority for de novo disposal in accordance with the principles of natural justice. We have heard the learned JDR too on this aspect of the matter. He is not able to counter the plea of violation of natural justice raised by the appellants Counsel. Therefore, having regard to the totality of the facts and circumstances of the case and with particular reference to the plea of violation of natural justice raised by the appellants, we set aside the impugned order in so far as the appellants herein are concerned and allow the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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