2013 (4) TMI 717

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....D. Bhosale, for the Respondent. ORDER P.C. : The Petition under Article 226 of the Constitution seeks to impugn the legality of an order of adjudication passed by the Additional Commissioner of Customs, CSI Airport, Mumbai on 13th February, 2013. An appeal is available against the order under the provisions of Section 129B of the Customs Act, 1962. However, it has been urged on behalf of the....

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....y, 2013 both of which bear a postal despatch endorsement of 29th January, 2013. These letters according to the petitioners, were received on 30th January, 2013. Hence, it is urged that the despatch of the notices of personal hearing by the Adjudicating Authority took place after the dates specified for the hearing, as a result of which, it was impossible for the petitioners to remain present at th....

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....ly taken into account all aspects of the case. 4. From the record before the Court it is now not in dispute that the impugned order was passed in violation of the principles of natural justice. This is borne out by the fact that the notices intimating the Petitioners of the date of personal hearing were despatched on 29th January, 2013 and were received thereafter, whereas the date on whic....

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....iples of natural justice. We clarify that we have had no occasion to deal with the allegations contained in the show cause notice. Since the order has been set aside only on the ground noted above, we grant liberty to the Adjudicating Authority to pass a fresh order of adjudication and while doing so, we keep open all the rights and contentions of the parties. The Petitioners shall appear before t....