Court Overturns Business Suspension Due to Lack of Fair Process; Orders Fresh Review with Proper Notice and Hearing.

The HC quashed the order suspending the petitioners' company's operations under SCMTR, 2018 and the Customs Act, 1962, citing a violation of natural justice due to the lack of a show cause notice and hearing. The case was remanded to the Commissioner of Customs for a fresh order, ensuring due process with a show cause notice and hearing. The court directed the withdrawal of related public notices and disposed of the petition with no costs, instructing the Commissioner to proceed lawfully.

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Issues involved:
The petition challenges the order suspending operations of the petitioners' company under SCMTR, 2018 and Customs Act, 1962 without issuing a show cause notice or granting an opportunity of hearing.

Summary:
The petitioners challenged an order suspending their company's operations under SCMTR, 2018 and Customs Act, 1962 without prior notice or hearing. The court noted the absence of a show cause notice and opportunity of hearing, emphasizing the breach of natural justice principles. The respondents argued that a prior communication from the petitioners implied consent to forgo these requirements, which the court rejected as misconceived. Recognizing the potential harm to both the petitioners and third parties, the court remanded the case to the Commissioner of Customs for a fresh order after providing a show cause notice and an opportunity of hearing. The court quashed the impugned order and directed the withdrawal of related public notices. The petition was disposed of with no costs, and the Commissioner was instructed to proceed in accordance with the law after the show cause notice and hearing.

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