Home Case Index All Cases Customs Customs + HC Customs - 2016 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (3) TMI 770 - HC - CustomsWrit petition - Validity of show cause notice - Issued with pre-judged mind - Held that:- by following the judgment of Hon'ble Supreme Court in the case of Oryx Fisheris Private Limited v. Union of India [2010 (10) TMI 660 - SUPREME COURT OF INDIA], being a quasi-judicial authority, while, acting in exercise of its statutory power, must act fairly and must act with an open mind, while initiating show cause proceeding. When the first respondent had issued the show cause notices with pre-judged mind, there is no purpose in issuing show cause notices at all. The first respondent should have taken utmost care to manifestly keep an open mind, as they have to act fairly in adjudging the guilt of the petitioners and especially when he has a power to take punitive steps against the petitioners after giving them a show cause notice. Therefore, the show cause notice in question liable to be set aside. - Decided in favour of appellant
|