2018 (7) TMI 1851

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..... A HIGH COURT - TMI
KERALA HIGH COURT - HC
Dated:- 4-7-2018
WP(C).No. 21778 of 2018 - -
Customs
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FOR THE APPELLANT : ADVS.SRI.LEEJOY MATHEW.V. SRI.SABU S.KALLARAMOOLA FOR THE RESPONDENT : SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE & CUSTOMS JUDGMENT  DAMA SESHADRI NAIDU J. The petitioner, a private limited company, deal .....

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..... r confiscating the cargo. Aggrieved, the petitioner has filed this Writ Petition. 3. Adv. Sri Leejoy Mathew, the learned counsel appearing for the petitioner, has strenuously contended that the 2nd respondent had not put the petitioner on notice before he passed Ext.P15 order. He has also submitted that in the very Ext.P15, there is a clear finding that the petitioner imported what he has describ .....

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..... submitted that usually the parties themselves request the authorities to dispense with procedural rigmarole, such as show-cause, and to hear them. According to the learned Standing Counsel, that was how Ext.P15 originated. 6. In reply, Sri Mathew has submitted that the writ petition is eminently maintainable because there is infraction of principles of natural justice. 7. Heard Sri Leejoy Mathew .....

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..... sentative's presence, however, cannot be a substitute to procedural safeguard provided in the Act. The petitioner ought to have asked to show cause. 10. Under these circumstances, I dispose of this Writ Petition, setting aside Ext.P15. Consequently, 2nd respondent will issue a notice within one week to the petitioner and, then, the petitioner may submit its reply. Eventually, the 2nd respondent w .....

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