9911796707
TMI Blog2023 (12) TMI 1306X X X X Extracts X X X X X X X X Extracts X X X X ..... , which is also conceded as such by the Counsel for the petitioner, on the detection of the container having been cleared without following the procedure prescribed and the fact that the said container contained the goods which had not been declared. The larger issue thus, remains whether there was a conspiracy with the consignee and other persons. These are factual aspects which the writ Court will not go into. Since the reply has already been filed, it is opined that it is for the authorities to take a decision on the above said show cause notices and it is not for the writ Court to entertain the petition of an employee who prima facie is guilty of eating the fence. The present petition is dismissed at this stage without commenting upon t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er but also to the Superintendent Rambir Singh Gahlaut and, therefore, he was put to notice as to why proceedings under Sections 112 and 117 of the Act be not commenced against him. The requisite one month s notice was issued in compliance of provisions of Section 155(2) of the Act. After the said period of one month, second notice dated 22-8-2022 (Annexure P-2) was also issued giving the details as show how the container as such had been cleared against the settled norms. 3. A perusal of the same would go on to show that apart from the petitioner, various other persons have been called upon to show cause under the Act. Further, it goes on to show that the petitioner was one of the noticees and was directed to file a written reply. Referenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithout following the procedure prescribed and the fact that the said container contained the goods which had not been declared. The larger issue thus, remains whether there was a conspiracy with the consignee and other persons. These are factual aspects which the writ Court will not go into. Since the reply has already been filed, we are of the considered opinion that it is for the authorities to take a decision on the above said show cause notices and it is not for the writ Court to entertain the petition of an employee who prima facie is guilty of eating the fence. 6. Accordingly, the present petition is dismissed at this stage without commenting upon the merits of the case leaving it open to the petitioner to take all his pleas before th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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