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2019 (8) TMI 1823 - HC - CustomsViolation of principles of Natural Justice - Seizure and Confiscation of Gold - no opportunity was provided to him when the confiscation order in original came to be passed - HELD THAT:- From a perusal of the Order in Original dated 17.02.2015, it is seen that the Joint Commissioner of Customs had observed that the personal hearing was granted on 12.08.2014 and 17.09.2014, at which point of time, the authorised representative of the petitioner requested for adjournment which was also considered and the time was extended to 29.09.2014. On that date, no one had appeared for the personal hearing and no written reply was filed and therefore, the impugned order came to be passed - there are no infirmity in such an observation that inspite of opportunities being granted on earlier three occasions, the petitioner was not ready to get along with the adjudication and thereby, it can be said that opportunities were extended to the petitioner. Nevertheless, it is also seen from the letter of the authorised representative of the petitioner that a mention has been made with regard to the pendency of this Writ Petition before this Court and therefore, they sought for time challenging the show cause notice issued prior to the confiscation order. This Court is of the view that if an opportunity is granted to the petitioner to substantiate his claim before the original authorities by taking a lenient view, the ends of Justice would be met. As such without going into the merits of the case or any of the other grounds raised by the petitioner, the Order in Original is set aside and the matter is remanded back to the respondent herein for fresh consideration - petition disposed off.
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