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TMI Blog1992 (9) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... e nature of Prohibition be issued prohibiting and restraining the respondents, their servants, agents and/or assignees from refusing to allow the petitioner to re-export the goods arrived at Calcutta in Vessel M.V. Lhotse being Voyage No. 405 dated 28th July, 1991 in respect whereof Bill of Entry No. 1549 dated 31-7-1991 has been filed by the petitioners and detaining the same and/or initiating any proceedings in connection therewith and/or concerning the same against the petitioners, and for other reliefs. 2. The petitioners' case is that the petitioner No. 2 Vipon Gupta is a shareholder and director of the petitioner No. 1 Park Knives Pvt. Ltd. The petitioner on 27-11-1990 booked an order with a foreign seller for the supply of material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms Authorities and the petitioners' statements were recorded. On 6-9-1991 the Customs Authorities in presence of Group Appraiser and Dock Appraiser checked the goods and it transpired that the goods which had arrived at the port of Calcutta in the name of the petitioners do not tally with the goods ordered for by the petitioners but is of a bigger size. Petitioners' further case is that the petitioners were shocked and surprised to notice the deviation between the goods ordered and the goods supplied and complained to the foreign seller by a telex dated 14th September, 1991. The foreign seller in their turn admitted their mistake and offered to take back the goods. The further case of the petitioners is that the petitioners were not at fau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. The Hon'ble Mr. Justice Suhas Chandra Sen by order dated 10-10-1991 directed the petitioner to give reply to the show cause notice and was further pleased to order that the matter would be heard in accordance with law as early as possible. It was further ordered that pending the disposal of the show cause notice the respondents were directed to keep the goods in a bonded warehouse under Section 49 of the Customs Act. This Court passed an order after hearing the learned Advocates on 18-12-1991 directing the Additional Collector of Customs to give personal hearing to the petitioners on 3-1-1992 and to pass necessary orders and the Additional Collector of Customs was further directed not to give effect to the order and/or adjudication made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discussed earlier. The above should be exercised within one month from the date of this order. I further impose a penalty of Rs. 4,00,000 (Rupees four lakhs only) on M/s. Park Knives (P) Ltd., which should be paid to the Custom House Treasury forthwith." 6. Mr. Bhaskar Sen, learned Advocate for the petitioner, submitted that the show cause notice was served without any basis and the writ petitioners are entitled to re-export the goods which were wrongly shipped and there was no evidence of mala fide on the part of the writ petitioners. It is further submitted that there is no evidence on material to show that the writ petitioners had deliberately brought into India goods which are different from what was mentioned by them in the Bill of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nciples of natural justice and the order is void in the eye of law, and there cannot be any appeal before the Tribunal against a void order. As such, Mr. Sen submitted, the writ petitioner had no other alternative remedy but to proceed with the instant writ petition. 9. Mr. Mukherjee, learned Advocate appearing for the respondent, submitted that from the adjudication order it appears that the petitioner No. 2 went to the Chamber of the adjudicating officer and his conduct was a shameless conduct and various other facts came to the notice of the adjudicating officer, which go to show that the goods which were imported, were imported with mala fide motive, and to defraud the Customs Authority. He also submitted that it is not a case of mist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e forum will decide the matter in accordance with law. 11. I make it clear that this Court has not entered into any controversy between the parties and neither adjudicated and/or decided the disputes between the parties. The entire matter will be decided by the appellate authority in accordance with law. 12. If the petitioners before this Court pray for condonation of delay for filing the appeal before the appellate authority within a period of 10 weeks from this date, the same would be allowed by the appellate authority and the appeal would be heard on merits by the appellate authority and the petitioners will be at liberty to produce such evidence before the appellate authority as may be permissible and allowable under the law. 13. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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