Natural justice requires the decision-making authority to hear the affected party before passing a confiscation order.

An order of confiscation affecting civil rights must be made only after an effective hearing by the authority taking the adverse decision. A prior hearing before another customs authority does not satisfy audi alteram partem where the Deputy Collector was the decision-maker and did not itself hear the affected party. The confiscation order was therefore contrary to the principles of natural justice and was liable to be quashed.

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Issues: Whether the confiscation order was vitiated for want of hearing and violation of the principles of natural justice.

Analysis: The order of confiscation was passed by the Deputy Collector without affording the petitioner an effective hearing before the decision was made. A prior hearing before another customs authority did not satisfy the requirement that the authority making the adverse order must hear the affected party. An order of confiscation affecting civil rights could not be sustained when made without observance of the audi alteram partem rule.

Conclusion: The order of confiscation was contrary to the principles of natural justice and was liable to be quashed.

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