Home Case Index All Cases Customs Customs + HC Customs - 2020 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (4) TMI 358 - HC - CustomsNon-speaking order - Levy of penal demurrage charges - sufficient opportunity of being heard not provided to the petitioner - principles of natural justice - HELD THAT:- From the impugned order, it is evident that it is a non speaking order. The details of (a) declaration allegedly made by the petitioner's agent with regard to the petitioner's address, (b) when such a declaration was given by the petitioner's agent and (c) date of the alleged notice sent by the respondent to the petitioner, are all not reflected in the impugned order. As seen from the counter affidavit, the case of the respondent is that the notice sent to the petitioner was returned with the endorsement “left”. Even though it is the case of the respondent that the address was given only by the petitioner's agent, the said communication of the agent disclosing the petitioner's address has not been reflected in the impugned order dated 06.11.2014. By a single paragraph cryptic order, without any discussion with regard to the service of notice and with regard to the liability of the petitioner to pay penal demurrage charges, the impugned order has been passed by total non application of mind and has also been passed without adhering to the directions issued by a learned single judge of this Court. This Court is of the considered view that arbitrarily without affording a fair hearing to the petitioner, the respondent has passed the impugned order confirming the levy of penal demurrage charges on the petitioner - the matter is remitted back to the respondent for fresh consideration and the respondent is directed to pass final orders after affording sufficient opportunity to the petitioner to place all their submissions - Petition allowed by way of remand.
|