9911796707
TMI Blog1989 (10) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner. The petitioner and others were served with show cause notices calling upon them as to why action proposed to be taken in the notice be not taken against them. 2. The Collector of Customs, as per his order dated June 20, 1984 directed to confiscate the goods and imposed penalty of different amounts on different persons. A penalty of Rs. 10 lacs had been imposed upon the petitioner under the provisions of Section 112 of the Customs Act, 1962. 3. Against the aforesaid order of imposition of penalty, the petitioner preferred an appeal as provided under Section 129-A of the Customs Act, 1962 (for Short "the Customs Act") before the Customs, Excise Gold (Control) Appellate Tribunal (CEGAT). The Tribunal directed that as a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... question of fact. Unless on the face of it without examining the record and without making further enquiry whatsoever it appears that the principles of natural justice have been violated, we don't think it proper to exercise our extraordinary jurisdiction under Articles 226/227 of the Constitution of India. On reading the order passed by the Collector, Customs, it is difficult to say that the petitioner has not been afforded an opportunity of being heard. There is clear statement in the order passed by the Collector that all the respondents (in all 29) were served with show cause notices and none of them filed reply. Therefore, the order of confiscation of the goods in question valued at Rs. 63,35,352/- was passed on May 16, 1984. While pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Salt Act, 1944 (in short "Excise Act") and the Customs Act, would initially file appeal. Thereafter he will not comply with the conditions that may be imposed by the appellate authority. Then he will contend before this court that this court should exercise its power under extraordinary jurisdiction. The legislature never desired to provide one more forum for the persons aggrieved by order of original authority exercising powers under the relevant provisions of the Excise Act and the Customs Act. When the Legislature amended the provisions of Excise Act and Customs Act, it has provided for complete machinery for redressal of the grievances of the party aggrieved by the orders passed under the Excise Act and Customs Act. The object behind th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the statutory remedy the party cannot be permitted to say that "I had alternative remedy, I have invoked the same, but I have not fulfilled the condition for getting the matter decided on merits. Therefore permit me to invoke the extraordinary jurisdiction of this High Court". If such course is permitted to be adopted the first step taken by the court that the party should be directed to exhaust the statutory remedy would be rendered meaningless and nullified. Therefore, even in cases where the party who had the alternative remedy but has not availed of the same or allowed the alternative statutory remedy to become infructuous, in absence of satisfactory explanation for such conduct, cannot be permitted to invoke the extraordinary jurisd ..... X X X X Extracts X X X X X X X X Extracts X X X X
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