Customs delay and procedural fairness: pending adjudication stayed, goods released on bank guarantee, with costs for non-compliance.

Customs adjudication delayed for an inordinate period may be directed to conclude within a fixed time, with the importer afforded a personal hearing before any order is passed. Pending adjudication, the challenged order may be stayed, and release of goods can be secured against a bank guarantee to the satisfaction of the customs authority. Delay and non-compliance by the authorities may also justify an order for costs. The note reflects interim relief granted in a writ matter concerning customs delay, expeditious adjudication, procedural fairness, and conditional release of goods.

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Issues: Whether the delayed customs adjudication should be completed within a fixed time, whether the importer should be given a personal hearing, whether operation of the challenged order should remain stayed, whether release of the goods could be secured against a bank guarantee, and whether costs should be imposed for the delay and non-compliance.

Analysis: The adjudication had remained pending for an inordinate period, and the customs authorities had not taken timely steps despite earlier directions. The order under challenge was therefore stayed, while the authorities were directed to complete the adjudication within seven days and to afford the writ petitioner a personal hearing before passing any order. Release of the goods was permitted on furnishing a bank guarantee to the satisfaction of the Collector of Customs. The Court also treated the delay and negligence of the customs authorities as warranting costs.

Outcome: The writ petitioner was granted interim relief by way of stay, expedited adjudication, personal hearing, release of goods against bank guarantee, and costs against the Collector of Customs.

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