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2019 (9) TMI 249 - HC - CustomsPrinciples of Natural Justice - non-receipt of notice for personal hearing - Section 129 of the Customs Act, 1962 - case of the petitioner is that through Ext. P5, the petitioner has come to know that the second respondent has been authorised to act as adjudicating authority into the show cause notice issued to the petitioner - HELD THAT:- After juxtaposing the hearing dated 27. 07. 2019 referred to in Ext. P8 order and the reply given in the statement filed by the second respondent, prima facie this Court is of the view that the second respondent is unable to satisfactorily establish the service of notice of scheduled hearing on 27. 07. 2019 on petitioner or that the procedural safeguards are substantially complied with before passing the order in Ext. P8. The second respondent is not also proposing to establish its case that principles of natural justice are followed by producing the original record - the order in Ext. P8 could be set aside as violative of principles of natural justice and restore the matter back to the file of the second respondent for disposal in accordance with law. Petition allowed by way of remand.
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