2014 (7) TMI 812

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....Bharadwaj, Adv. Mr. K. K. Maity, Adv. ORDER The Court : By the order passed by the Joint Commissioner of Customs (Preventive), West Bengal communicated to the petitioner by Joint Commissioner of Customs CC (P) West Bengal, dated 10th March 2014, the petitioner is prohibited from working as custom house agent in the jurisdiction of the Commissioner of Customs (Preventive) with immediate effec....

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.... is satisfied that the custom broker has not fulfilled the obligations laid down in Regulation 11 of the said regulations. Since the aforesaid regulation begins with the non obstante clause, the power to be exercised by the Commissioner of Customs under the said provisions is not subjected to other provisions contained in the said regulations. The said provision neither expressly provide for heari....

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....e Apex Court in the case of Uma Nath Pandey vs. State of U.P. reported in 2010 (20) S.T.R. 268 (SC) held that violation of principles of natural justice is opposed to the fair adjudication and conscience. The party should be made aware of the allegations made against him which may result into a penal order and any infraction shall entail the action liable to be struck down for violation of princip....