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2020 (3) TMI 861 - HC - CustomsViolation of principles of natural justice - opportunity of hearing to the petitioner not provided - It is the case of the petitioner that the petitioner was never supplied with the copy of the order placing the petitioner company in the Denied Entities List (DEL) - HELD THAT:- SCN merely states that DRI has informed that the petitioner Firm is “suspected to be misusing the Advance Authorisation”. Details of the allegations against the petitioner have not been given in the Show Cause Notice. As far as the order placing the petitioner on DEL is concerned, the same is stated to have been passed on 26.06.2019, that is even prior to the issuance of the Show Cause Notice. In terms of Rule 9(2) of the Rules, the same was clearly premature and not permissible as on that date proceedings of cancellation of the license of the petitioner had not been initiated in accordance with Rule 10 of the Rules. Proviso to Section 9(4) of The Foreign Trade (Development and Regulations) Act, 1992 mandates grant of reasonable opportunity to the licensee of being heard before suspending the license - The learned counsel for the respondent has also produced before me the office file containing the purported order placing the petitioner on DEL. A perusal of the same shows that it records no reasons for placing the petitioner on DEL. It is merely a note on the letter received from DRI. The Impugned Order dated 26.06.2019, placing the petitioner on DEL, is therefore, clearly in breach of not only the Act, the Rules but also the Guidelines - Petition allowed.
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