Confiscation Order Overturned, Petitioner Granted 30 Days to File Objections for Fair Process

The Court set aside the confiscation order of 15.160 kg of Gold Bars due to the petitioner's lack of opportunity during the process. Despite prior chances, the petitioner faced difficulties responding promptly due to ongoing legal proceedings. The Court remanded the matter for fresh consideration, granting the petitioner 30 days to file objections and directing the respondent to dispose of them within three months. The aim was to provide a fair opportunity for the petitioner to substantiate their claim without imposing any costs, ensuring justice through an equitable process.

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Issues: Challenge of seizure of Gold Bars and confiscation order; Lack of opportunity during confiscation order; Request for remanding the matter for reconsideration.

In this case, the petitioner challenged the seizure of 15.160 kg of Gold Bars and the subsequent confiscation order. The main contention raised was the lack of opportunity provided during the confiscation order process. The petitioner's counsel argued that no opportunity was given for a hearing before the confiscation order was passed, seeking a remand for reconsideration to extend such an opportunity.

The respondent's counsel contended that sufficient opportunities were indeed extended to the petitioner, but the petitioner failed to avail them. The Order in Original revealed that the petitioner's authorized representative had requested adjournments during the personal hearings granted on multiple occasions, eventually leading to the passing of the impugned order due to the petitioner's non-appearance and failure to file a written reply.

Upon examining the facts, the Court noted that despite opportunities being granted, the petitioner did not cooperate with the adjudication process. However, considering the mention of the pending Writ Petition before the Court in the representative's letter, the Court acknowledged the petitioner's difficulty in responding in time due to the ongoing legal proceedings.

The Court decided to set aside the Order in Original and remand the matter back to the respondent for fresh consideration. The petitioner was given 30 days to file objections, and the respondent was directed to dispose of the objections within three months thereafter, emphasizing a fair opportunity for the petitioner to substantiate their claim. The Court concluded the Writ Petition without imposing any costs, aiming to ensure the ends of justice were met through a more equitable process.

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