Natural justice in confiscation proceedings requires an effective personal hearing before adverse adjudication can stand.

A confiscation order cannot be sustained where the notice of personal hearing reaches the appellant only after the scheduled hearing date, depriving it of an effective opportunity to explain ownership and liability concerning the vehicle. On those facts, the ex parte adjudication was treated as procedurally unfair insofar as confiscation was concerned, and the confiscation portion was set aside. The matter was remanded for fresh adjudication after granting a reasonable opportunity of personal hearing.

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Issues: Whether the confiscation order deserved to be set aside and the matter remanded for fresh adjudication on the ground that the appellant was denied a reasonable opportunity of personal hearing.

Analysis: Notice of hearing had been issued, but it reached the appellant after the date fixed for hearing, with the result that the appellant was deprived of an effective opportunity to explain its case regarding ownership and liability in relation to the vehicle. In these circumstances, the ex parte adjudication could not be sustained insofar as it related to confiscation.

Conclusion: The confiscation portion of the impugned order was set aside and the matter was remanded to the Commissioner for fresh adjudication after granting the appellant a reasonable opportunity of personal hearing.

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