HC ruled in favor of petitioner seeking release of detained ...

Customs Must Issue Show Cause Notice Before Detention: Watch Released Due to Procedural Violation of Natural Justice

February 24, 2025

Case Laws     Customs     HC

HC ruled in favor of petitioner seeking release of detained wristwatch, holding that failure to issue show cause notice violated principles of natural justice. While petitioner's delayed submission of documents in response to February email was noted, the court emphasized that procedural requirement of show cause notice cannot be bypassed. Following precedent, absence of show cause notice rendered the detention invalid. Court directed unconditional release of goods within two weeks. Though petitioner's delayed disclosure was problematic, the fundamental procedural defect in detention process necessitated release. Petition succeeded on grounds of violation of natural justice principles.

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