2018 (6) TMI 975

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....rata Ray, Mr.Bhaskar Prosad Banerjee, Advs., for the respondent. ORDER: The Court : The order dated November 16, 2017 passed by the Commissioner of Customs (Port) is under challenge in the present writ petition. The impugned order is appealable. However, the petitioners seek to maintain the writ petition on the ground that, the impugned order stands vitiated due to breach of principles....

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....s-examine as made by the letter dated October 23, 2017. Therefore, the impugned order stands vitiated. Learned Advocate for the department draws the attention of the Court to paragraphs 22.9 and 22.11 of the impugned order. He submits that, personal hearing was sought to be given on August 25, 2017 and October 23, 2017. It appears from the records that, the authorities sought to give persona....

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....pugned order. In fact, there is no order deciding the request for extension of time to cross-examine the witnesses. The reason for non-appearance at the appointed time cited is the engagement of the learned Advocate before the High Court. The adjudicating authority ought to have dealt with such a request made on behalf of the petitioners contained in the writing dated October 23, 2017. The impugne....