Court quashes confiscation order, directs show cause notice issuance The court quashed the Ext.P7 order for confiscation of a dialysis machine and directed the 2nd respondent to issue a show cause notice to the petitioner, ...
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Court quashes confiscation order, directs show cause notice issuance
The court quashed the Ext.P7 order for confiscation of a dialysis machine and directed the 2nd respondent to issue a show cause notice to the petitioner, outlining the proposals for confiscation and grounds thereof. The petitioner is to be given an opportunity for a fresh adjudication after a hearing, with a bar on raising objections regarding the limitation concerning the issuance of the show cause notice.
Issues: Challenge against Ext.P7 order - Confiscation of imported dialysis machine under Hazardous and Other Wastes Rules, 2016 - Imposition of penalty under Customs Act - Non-compliance with rules of natural justice - Show cause notice not issued.
The judgment addresses the challenge in a Writ Petition against Ext.P7 order passed by the 2nd respondent, involving the confiscation of a used dialysis machine imported by the petitioner under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. Additionally, a penalty was imposed on the petitioner under Section 112 of the Customs Act. The petitioner's grievance primarily revolves around the lack of a show cause notice before the issuance of Ext.P7 order, leading to a violation of the rules of natural justice. The petitioner argues that without being informed of the grounds for the proposed action, the impugned order is tainted by procedural irregularities.
The judgment highlights the contention of the learned Standing Counsel for the respondents, who acknowledges the possibility of issuing a show cause notice to the petitioner for a re-adjudication of the matter after affording the petitioner a hearing. In response to this submission, the judgment disposes of the Writ Petition by quashing Ext.P7 order and directing the 2nd respondent to issue a show cause notice to the petitioner, clearly outlining the proposals for confiscation and the grounds thereof. Subsequently, the 2nd respondent is instructed to proceed with a fresh adjudication after hearing the petitioner. Notably, in the fresh proceedings, the petitioner is barred from raising any objections regarding the limitation concerning the issuance of the show cause notice.
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