TMI Blog2002 (6) TMI 480X X X X Extracts X X X X X X X X Extracts X X X X ..... was made. The Commissioner (Appeals) remanded the matter back for granting sufficient opportunity to the appellant in de novo proceedings. The appellant was given notice on 15-2-93 calling upon them to produce the certificate required to consider the issue. The importer did not come forward to furnish the said certificate and after a lapse of three years the matter was taken up for decision and hence the decision by the Assistant Commissioner. The importer filed writ petition in the High Court of Karnataka vide W.P. No. 26056/96 and the High Court had directed the petitioner to appear before the Assistant Commissioner of Customs and to produce relevant records to complete the adjudication. In pursuance to the said orders a letter dated 4-10-96 was issued to the importer directed him to appear before the Assistant Commissioner of Customs, on 8-10-96. Dr. H.T. Gangal appeared for personal hearing on 8-10-96 and produced the following documents - (1) Certificate dated 25-7-91 issued by the D.G.H.S. (2) Certificate given by M/s. Karl Storz Endoskope Ltd., dated 3-10-96 certifying that Karl Storz Endopocket 536, 220 VAC 50-6- Hz Colour System PAL 536 KP Camera including CCU High resolu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidered favourably, it may give the opportunity of hearing, so as to enable the appellant to explain his case. 4. When the matter was called none appeared for the appellant. However Registry produced a letter dated 29-5-2002 from the appellant on record which is as under :- DR. H.T. GANGAL, MS, F.A.C.S, D.Sc. (Surg) (K.U)(PER-CUT-ENDOSCOPY) Ex-Hon-Surgeon to the President of India Ex-Hon. Prof. of Surgery K.M. College Hospital, Hubli. P.B. Rd 3 rd Cross, HOSUR. HUBLI - 580021 . KARNATAKA. INDIA TEL # Hosp. (O836) 353149. 251051 . FAX 352044 TEL # Res (O836). 322875 e-mail [email protected], http. //personal.vsnl.com/recover 29-5-2002 The Dy Registrar, CEGATS, South Zonal Bench, 1st Floor, WTC Building, FKCCI Complex, K.G. Road Bangalore- 650009. Sub: - Appeal intimation in regard to Appeal No C/266/99 arising out of OIA 33/99-Cus., dated 12-2-1999 passed by the Commissioner of Central Customs (Appeal) CCE(A) Bangalore. I am in receipt of an intimation by stating the above case is fixed for hearing on 6-6-2002 at the above said premises. I am enclosing the relevant added information on the subject for consideration in the said case to assist the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the subject. The papers were also published in reputed and indexed subject journals. Many universities after taking our permission have adopted the technologies. The instrument manufacturers coming to know of these developments started assisting us in the development of the technology. Mrs. Sybil Storz Reling from Germany was interested in this field as they were the main manufacturers of Telescopes, resulting the Karl Storz to offer us all that was required. That is how this consignment was given to us. In the meanwhile many in the world over started taking interest in the technology and to adopt them in their practice. The petitioner and his wife were on many occasions called upon to provide opinion to the Govt. of Karnataka on matters related to this subject to enable proper decisions. All these have resulted in being awarded of the Academic degree of Doctor of Science in the subject. Probably the only highest qualified person in the world on the subject as on even today. They are the authors of the book on this original research work. And people in the field of practice are aware of all this and have provided supportive information asked by the customs department as when t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0-96 (sic), fallowing our petition before the High Court for ignoring all our requests to take into account of my clarifications provided in my letter dated 9-2-93 and thus to accept my request to release the bond money. It is worth noting this notification was operative when the request for release of the consignment was done made to the department and was within the knowledge of it. Hence with this background the act of the department right from the beginning appears biased/not intended toward natural justice which they are supposed to provide, as highly educated in the subject and trained accordingly and clarified in the citizens charter signed by the department. They even rejected the information from the Vice-Chancellor of the R.G.U. of Health Science and also further information from the manufacturer clarifying the issue. The learned Commissioner Customs (Appeals), Bangalore while not giving time for personal hearing on the background of professional occupation, and disposing on merits only on his own, has stated in his Order-in-Appeal No. 33/99-Cus., dated 12-2-99, on page 2 (last part of last Para), Para 5, In the initial stage the appellant clearly did not produce the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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