9911796707
TMI Blog1999 (7) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioners to pay duty on the goods imported at Chennai under transferable licence without the issue of a show cause notice. 2.Counter has been filed on behalf of the fourth respondent wherein at page number 8, it is clearly stated as follows :- "The allegation made by the petitioner are false and baseless. The DRI has not made any demand of duty. The case is at investigation stage. After ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the guise of investigation. Notices issued to the petitioners by the respondents do not specify as to what documents they are required to produce. Without giving any description of documents, the notices are being issued calling upon the petitioners to produce the documents described in the said notices. 6.Hence, the conduct of the respondents in issuing such notices and prolonging the invest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne is delaying the investigation and the delay is mainly due to the conduct of the petitioner also. 8.I carefully considered the contentions of both the Counsel. Without going into the merits and demerits of the contentions of both the Counsel, I direct the fourth respondent to issue notice to the petitioners calling upon them to produce what are all documents they require for completion of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... documents, since it is always open for the fourth respondent to draw an adverse inference for non-production of documents by the petitioner in spite of the fact that he is in possession of the same. Hence, the respondents are strictly directed to follow the above procedure. The writ petition is disposed of with the above directions. No costs. W.M.P. Nos. 14316 to 14318 of 1999 are closed. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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