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2012 (4) TMI 184 - HC - CustomsWrit Petition - the Deputy Joint Director of Foreign Trade ,the respondent no. 4, after issuing show-cause notice to which the petitioner had replied and was not found to be satisfactory, and after giving an opportunity of personal hearing, to which the petitioner did not respond, had passed an order under section 9 (4) and section 11 (2) of the Act and under Rule 10(b) of the FTRR, cancelling the license of the petitioner and directing payment of customs duty and interest and imposing fiscal penalty - the respondent no.4, passed the order directing imposition of penalty and the Joint Director of Foreign Trade, the respondent no.3, under section 11(4) had passed the order of suspension of Code of the petitioner for non-payment of penalty - Held that:- Respondent No. 3 not being “the Adjudication Authority” had no power and authority or jurisdiction to pass the impugned suspending the Code - as before passing the order of suspension of Code the petitioners were not given an opportunity of hearing - as before the suspension of Code the “consent” of the Board was not obtained - the said order is without jurisdiction and illegal and cannot be sustained – Writ Petition allowed
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