Proper service of customs notice is essential; ex parte adjudication was set aside and remanded for fresh hearing.

Proper service of the call notice was not established where the only postal endorsement was "LEFT", which did not clearly prove effective service on the addressee. The ex parte customs adjudication was therefore unsustainable for want of proper notice, and the adjudication was set aside. The matter was remitted to the adjudicating authority for de novo consideration with a further opportunity of personal hearing.

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Issues: Whether the ex parte customs adjudication could be sustained when service of the call notice was shown only by the postal endorsement "LEFT", and whether the matter required remand for fresh adjudication.

Analysis: The endorsement "LEFT" did not clearly establish that effective service had been made on the addressee. In the absence of proper service, the ex parte order could not be upheld. The appropriate course was to set aside the adjudication and send the matter back to the adjudicating authority for fresh consideration, with a further opportunity of personal hearing.

Conclusion: The ex parte order was unsustainable for want of proper service and the matter was remitted for de novo adjudication.

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