2025 (10) TMI 1183 - HC - Customs

Writ petition dismissed; Order-in-Original validly served via authorised advocate under s.153(1)(a); clean-hands doctrine bars relief

The HC dismissed the writ petition, holding the Order-in-Original was validly served on the passenger via the authorised advocate under s.153(1)(a), and ... - Issues: Whether the writ petition under Articles 226 and 227 challenging continued detention and seeking release of seized goods is maintainable where an Order-in-Original has been passed by the Customs Authority, a copy of which was received by the petitioner's authorised advocate and records a waiver of show cause notice and personal hearing.Analysis: The Court examined the Order-in-Original dated 26th February, 2024, which records denial of free allowance, declaration of the passenger as ineligible under Notification No. 50/2017-Cus and Baggage Rules, 2016, absolute confiscation of the seized jewellery under Sections 111(d), 111(j) and 111(m) of the Customs Act, 1962, and imposition of penalty under Sections 112(a) and 112(b). The Order-in-Original bears an acknowledgement signed by the petitioner's counsel acting as authorised representative. Section 153(1)(a) of the Customs Act, 1962 permits service of orders on an authorised representative including an advocate. The Court found that once the advocate received the Order-in-Original the communication was served on the petitioner and that the Order-in-Original records a waiver of issuance of show cause notice and personal hearing. The petitioner did not disclose these facts in the writ petition and did not challenge the Order-in-Original in the petition before the Court. The Court therefore treated the petition as not approaching with clean hands and observed that the appropriate remedy for the petitioner is to challenge the Order-in-Original in accordance with law, including any application for condonation of delay.Conclusion: The writ petition is not maintainable and is dismissed; costs of Rs. 10,000 are to be deposited with the Customs Department.