Natural justice requires an adequate hearing before personal penalty is imposed; ex parte order set aside and remanded.

An ex parte personal penalty order was set aside because the appellant had not been given a proper opportunity of hearing. The return of the hearing notice marked "unclaimed" was not treated as refusal of notice, and the consultant's undertaking to produce the appellant supported a fresh hearing. The matter was remanded to the Commissioner of Customs for reconsideration after affording the appellant an adequate opportunity to be heard.

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Issues: Whether the ex parte order imposing personal penalty was liable to be set aside for want of proper opportunity of hearing and whether the matter should be remanded to the Commissioner for fresh decision.

Analysis: The appellant had not been heard before the impugned order was passed. The notice for personal hearing had returned with the endorsement of unclaimed, which did not amount to refusal of notice. In the circumstances, the appellant ought to have been afforded an adequate opportunity of being heard. The undertaking given by the consultant to ensure the appellant's presence at the hearing supported a fresh hearing before the adjudicating authority.

Conclusion: The ex parte order, insofar as it related to the appellant, was set aside and the matter was remanded to the Commissioner of Customs for giving an of hearing to the appellant.

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