1998 (5) TMI 224 - AT - Customs

Tribunal orders release of confiscated goods due to lack of notice compliance.

The Tribunal directed the Commissioner of Customs to release the confiscated goods as no show cause notice was issued within the prescribed time frame. ... Remand for readjudication Issues:1. Non-issuance of show cause notice for re-adjudication within the stipulated time.2. Lack of cooperation in submitting required documents by the appellant.3. Failure to receive the show cause notice by the applicant despite the expiry of the specified period.4. Disposal of goods by the Commissioner of Customs.Analysis:1. The case revolved around the non-issuance of a show cause notice for re-adjudication within the prescribed time frame following an order dated 12-11-1997. The applicants sought the release of confiscated goods as no notice had been received from the Commissioner of Customs. The Tribunal noted that although the matter was not remanded to the Commissioner of Customs, a liberty was granted for re-adjudication, with a specific time limit for issuing the show cause notice. Despite the Assistant Commissioner's request for documents and intentions to issue the notice, the appellant claimed non-receipt of the notice, prompting the Tribunal to direct the Commissioner to release the goods in line with the order.2. Another issue raised was the lack of cooperation by the appellant in submitting the necessary documents for the re-adjudication process. The Assistant Commissioner highlighted the unavailability of essential documents and the appellant's non-cooperation in providing them. This lack of cooperation was a point of contention, leading to delays in the re-adjudication process.3. The failure to receive the show cause notice within the stipulated period was a significant concern. Despite the lapse of the specified time from the date of the Tribunal's order, the applicant had not received the notice. The Tribunal acknowledged this delay and directed the Commissioner to comply with the order promptly, emphasizing the need for timely action on the part of the authorities.4. Lastly, the issue of goods disposal by the Commissioner of Customs was addressed. The appellant's representative informed the Tribunal that a significant portion of the goods had already been disposed of. In response, the Tribunal directed the Commissioner to hand over any remaining goods and the proceeds from the sale of disposed goods within a specified timeframe. This directive aimed to ensure compliance and accountability regarding the handling of the confiscated goods.In conclusion, the judgment highlighted the importance of adherence to timelines in issuing show cause notices, the necessity of cooperation in legal proceedings, the significance of timely communication between parties, and the accountability of authorities in handling confiscated goods.