2018 (7) TMI 1851

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.... HIGH COURT - TMI<br>KERALA HIGH COURT - HC (Judgement / Order / Decisions)<br>Dated:- 4-7-2018<br>WP(C).No. 21778 of 2018 - -<br>Customs<br>THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FOR THE APPELLANT : ADVS.SRI.LEEJOY MATHEW.V. SRI.SABU S.KALLARAMOOLA FOR THE RESPONDENT : SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE & CUSTOMS JUDGMENT &nbsp;DAMA SESHADRI NAIDU J. The petit....

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.... the 2 nd respondent passed Ext.P15 order confiscating the cargo. Aggrieved, the petitioner has filed this Writ Petition. 3. Adv. Sri Leejoy Mathew, the learned counsel appearing for the petitioner, has strenuously contended that the 2nd respondent had not put the petitioner on notice before he passed Ext.P15 order. He has also submitted that in the very Ext.P15, there is a clear finding that t....

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....ces requiring immediate consideration. He has submitted that usually the parties themselves request the authorities to dispense with procedural rigmarole, such as show-cause, and to hear them. According to the learned Standing Counsel, that was how Ext.P15 originated. 6. In reply, Sri Mathew has submitted that the writ petition is eminently maintainable because there is infraction of principles....

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....ntally present when the matter was taken up. The representative's presence, however, cannot be a substitute to procedural safeguard provided in the Act. The petitioner ought to have asked to show cause. 10. Under these circumstances, I dispose of this Writ Petition, setting aside Ext.P15. Consequently, 2nd respondent will issue a notice within one week to the petitioner and, then, the petitione....