Natural justice breached where show cause notice was not served before adjudication; order set aside and matter remitted.

Failure to serve the show cause notice before adjudication deprived the appellant of a meaningful opportunity to reply and rebut the proposed confiscation and penalty. The authority proceeded to personal hearing and passed the order despite the appellant's specific request for a copy of the notice, so the adjudication was held vitiated for breach of natural justice. The impugned order was set aside insofar as it concerned the appellant, and the matter was remitted for fresh adjudication after service of notice and a proper opportunity to be heard.

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Issues: Whether the adjudication order could stand when the show cause notice was not served on the appellant and he was not afforded an effective opportunity to reply.

Analysis: The appellant had specifically informed the Adjudicating Authority that the show cause notice had not been received and requested supply of a copy. Despite this, the matter proceeded to personal hearing and an order was passed without ensuring prior service of the notice. In such circumstances, the appellant was denied a meaningful chance to meet the allegations and rebut the proposed confiscation and penal consequences.

Conclusion: The adjudication was vitiated for breach of natural justice and could not be sustained against the appellant.

Final Conclusion: The impugned order was set aside insofar as it concerned the appellant, and the matter was sent back for fresh adjudication after service of the notice and opportunity to reply and be heard.

Ratio Decidendi: An adjudication order passed without prior service of the show cause notice and without affording an effective opportunity to respond violates the principles of natural justice and is liable to be set aside.

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