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TMI Blog2021 (9) TMI 1278X X X X Extracts X X X X X X X X Extracts X X X X ..... y this common order. 2.Based on specific intelligence, the customs authorities had intercepted the Tamil Nadu State Transport Corporation bus bearing Registration No.TN55N0956 on 27.02.2020, proceeded to Karaikudi near Thiruvadanai, in which, the petitioner, that is, V.Ayubkhan, the petitioner in W.P(MD)No.16643 of 2021 was travelling and on identified him in the bus, he admitted that, he was carrying smuggled gold in his trouser pocket. The interception was conducted by the customs, based on the specific intelligence that one A.Sowkath Ali, that is, the petitioner in WP(MD)No.16652 of 2021 was smuggling of gold bars of foreign origin from Srilanka into India and two persons in his gang, namely, one P.Subramaniam and the V.Ayupkhan, the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.05.2021. 6.When that being so, the lock down period, which was already imposed in the State of Tamil Nadu by the State Government, has been extended from 24.05.2021 upto 6.00 a.m on 31.05.2021, through a Government Order in G.O.Ms.No.387, Revenue and Disaster Management (DM-IV) Department, dated 24.05.2021. 7.With the result, since there has been a complete lock down, the petitioners could not contact either their Counsel or their auditor or any other assistance, and therefore, on or before 31.05.2021, ie., the date or time, which was given by the respondents to the petitioners to respond to the show cause notice, it could not be complied with. 8.Therefore, the petitioners had been in the bonafide impression that, some further extensio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of natural justice, as the proper opportunity of responding to the show cause notice itself, since has not been given to the petitioners, therefore, the petitioners seek indulgence of this Court against the impugned orders. 11.Per contra Mr.B.Vijay Karthikeyan, learned Standing Counsel appearing for the respondents, on instructions, would submit that, a detailed show cause notice was given on 25.03.2021, therefore, there had been enough time for the petitioners to respond, but they have not chosen to respond, however, at one point of time, when on 30.04.2021, personal hearing notice was given, fixing a personal hearing date on 10.05.2021, that too, through video conference, on the said date, that is on 10.05.2021, the petitioners' Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have perused the materials placed before this Court. 14.In this case, on 30.04.2021, personal hearing notice was given, whereby, a date was fixed as 10.05.2021 at 10.00 a.m. to 5.00 p.m. for personal hearing. It is also to be noted that, the said personal hearing was through video conference. In response to the same, the learned counsel appearing for the petitioners did appear through video conference on 10.05.2021 and, it seems that he had sought further time up to 31.05.2021 to respond to the show cause. 15.Though time was given upto 31.05.2021, that was also accepted on behalf of the petitioners to respond to the show cause notice, they could not make it. The reason for not responding to the show cause notice, on or before 31.05.2021, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondents could have waited or extended the time for the further period after having evaluated the lock down, which was imposed in the State and such an extension should have been given by the respondents to the petitioner to properly respond to the show cause notice. 18.However, in this case, after the 10.05.2021 notice, that is, record of personal hearing, whereby, the time was given up to 31.05.2021, no further time was given or no extension of time was given to the petitioners to respond and thereafter, the impugned order of confiscation of goods had been passed on 03.08.2021. Therefore, this Court feel that such order can be said to be vitiated, in view of the lock down period, where, the expected time since was not given by the respond ..... X X X X Extracts X X X X X X X X Extracts X X X X
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