Personal hearing in customs appeal directed after undisclosed departmental appeal; merits, detention, and penalty left to the appellate authority.

A writ petition seeking implementation of an Order-in-Original was not decided on the merits because the Customs Department had already filed an appeal, and the petitioner had not been informed of that appeal. The Court directed that the petitioner be given a personal hearing before the Appellate Authority and that a reasoned order be passed within the stipulated time. Issues concerning the legality of detention, confiscation, penalty, and the effect of WPC approval were left for the Appellate Authority's consideration, with no final adjudication on the customs dispute.

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Issues: Whether the writ petition seeking implementation of the Order-in-Original could be granted in view of the Customs Department having preferred an appeal, and whether the petitioner was entitled to a personal hearing in that appeal.

Analysis: The petition was not decided on the merits of the customs dispute. The order notes the existence of an appeal against the Order-in-Original and the absence of intimation to the petitioner about such appeal. In that context, the Court directed that the petitioner be afforded a personal hearing and that the Appellate Authority pass a reasoned order within the stipulated time. The possible relevance of the WPC approval and the legality of detention was left for consideration by the Appellate Authority.

Outcome: No final adjudication was made on the validity of the detention, confiscation, penalty, or the requested implementation of the Order-in-Original; the matter was disposed of with directions to the Appellate Authority.

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