Procedural fairness in customs law limits administrative conditions on provisional release, ensuring statutory discretion and fair hearing. The court evaluated whether the impugned Circular and order unlawfully limited the adjudicating authority's statutory discretion by imposing conditions on ... Summary
Procedural fairness in customs law limits administrative conditions on provisional release, ensuring statutory discretion and fair hearing.
The court evaluated whether the impugned Circular and order unlawfully limited the adjudicating authority's statutory discretion by imposing conditions on provisional release, and whether those measures violated principles of natural justice; it emphasised that executive instructions may supplement but cannot supplant statutory provisions and that administrative actions must preserve statutory discretion and fair hearing requirements.
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