Petitioner Directed to Respond to Show Cause Notice; Goods' Provisional Release Maintained for Future Adjudication. The HC disposed of the petition filed under Art. 226, directing the petitioner to respond to the show cause notice within four weeks. The Designated ...
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Petitioner Directed to Respond to Show Cause Notice; Goods' Provisional Release Maintained for Future Adjudication.
The HC disposed of the petition filed under Art. 226, directing the petitioner to respond to the show cause notice within four weeks. The Designated Officer is to adjudicate within two months post-reply, ensuring a hearing for the petitioner. The provisional release of goods remains in effect, with all parties' contentions preserved for future proceedings. No costs were awarded.
Issues involved: The petition filed under Article 226 of the Constitution of India seeks relief in the form of setting aside a Show Cause Notice, directing the release of a Bank Guarantee, and forbearing the respondent from taking any further steps related to the notice.
Details of the judgment:
Issue 1: Jurisdiction of the show cause notice The petitioner argued that the show cause notice was issued without jurisdiction and with a pre-determined mind. The petitioner requested the notice to be quashed and set aside. However, the respondent contended that the provisional release of goods was granted after a request pending investigation and valuation reports. The petitioner executed a bond and submitted a Bank Guarantee for the release of goods. The court, after hearing both parties, decided that the petitioner should respond to the show cause notice within four weeks. The Designated Officer will then pass appropriate orders after granting an opportunity of hearing to the petitioner. The court emphasized the need for expeditious adjudication, setting a deadline of two months from the filing of the petitioner's reply.
Issue 2: Provisional release of goods The petitioner was granted provisional release of goods after executing a bond and submitting a Bank Guarantee. The goods were released on condition of fulfilling certain requirements, including the submission of a Bank Guarantee equal to 20% of the FOB value. The court acknowledged this process and directed the petitioner to respond to the show cause notice within the specified timeline.
Conclusion: The court disposed of the petition without any costs, keeping all contentions of the parties open for future consideration.
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