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TMI Blog2017 (9) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... ow cause notice at the time of personal hearing. This opportunity has not been given though the counsel pointed out that most of the documents requested from the department have not been supplied to them and this seriously hampers the defence of the case - the statement made in counter affidavit is of little worth and it does not substantiate that principles of natural justice have been complied with and thus for the above reasons the impugned order is liable to be set aside for De novo jurisdiction - the impugned order is set aside and the matter is remanded back to the second respondent for fresh consideration - petition allowed by way of remand. - W.P.Nos.4834 and 4916 of 2017 W.M.P.Nos.5152 and 5056 of 2017 - - - Dated:- 3-8-2017 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ples of natural justice. Therefore, this Court will test the correctness of the impugned order only on the ground as to whether there was any violation of the principles of natural justice and will not go into the merits of the matter. 5. The show cause notice was issued on 13.06.2015 proposing penalties which have now been imposed on the petitioners. On receipt of the show cause notice, the petitioners through their counsel sent representation on 16.02.2016 requesting to furnish the relied upon documents and on obtaining copies of relied on documents, they will submit their reply to the Superintendent of Customs (Adjudication-Air), who, by his communication dated 27.02.2016, addressed to the petitioners' counsel enclosed a copy of M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order dated 27.04.2016. 8. It appears that the petitioners' counsel and petitioners appeared for the personal hearing during which they requested for the relied upon documents. This has been recorded in the impugned order in paragraphs 109 and 110. However while dealing with the said request at paragraph 127, the second respondent has stated that all the relied upon documents were given to the noticees(petitioners) even at the time of considering the Cofeposa Act detention. The correctness of the said stand has to be tested in the writ petitions. 9. The Division Bench while quashing the order of detention has held that a copy of the declaration card was neither placed before the detaining authority nor supplied to the detenu i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtunity has not been given though the counsel pointed out that most of the documents requested from the department have not been supplied to them and this seriously hampers the defence of the case. It has been noted by the second respondent in paragraph 110 of the Order-in-Original. However, there is nothing on record to show that the documents were supplied or the petitioners were permitted to peruse the documents. 11. Learned Senior Standing counsel appearing for the Respondent contended that the modus operandi is very clear as per the statement given under the Section 108 of the Customs Act that there is collusion between both petitioners and a clear case of concealment and the petitioner did not declare the gold jewellery and the gol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts were given to the petitioner by detaining him under COFEPOSA Act. The same is not acceptable in the light of the fact that the Division Bench has clearly rendered a finding that the copy of the declaration card was not furnished to the petitioner inspite of such representation. In the rejection order dated 28.10.2015 passed by the detaining authority nothing is mentioned about the supply of the detention copy. Therefore the statement made in counter affidavit is of little worth and it does not substantiate that principles of natural justice have been complied with and thus for the above reasons the impugned order is liable to be set aside for De novo jurisdiction. Accordingly the writ petition is allowed, the impugned order is set aside ..... X X X X Extracts X X X X X X X X Extracts X X X X
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