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2021 (3) TMI 1015 - HC - CustomsViolation of principles of natural justice - petitioner has been put under the "Denied Entity List" (DEL) - despite sending a detailed objection to the show cause notice issued by the respondents, the same has not been considered and without affording a fair hearing, the impugned order has been passed - HELD THAT:- In the case on hand, the petitioner has been put under the "Denied Entity List" (DEL) by the respondents by exercising the power under Rule 7 of Foreign Trade (Regulation) Rules, 1993. However, as seen from the impugned order, no reasons have been given for putting the petitioner under the "Denied Entity List" (DEL). The petitioner has admittedly given a reply to the show cause notice, dated 20.07.2020 issued by the respondents on 05.02.2020. The same has been admitted by the respondents. In the reply to the show cause notice dated 05.02.2020, the petitioner has contended that they have not violated the provisions of Foreign Trade (Regulations) Rules, 1993 in view of the fact that the imports were made by them, pursuant to interim stay order granted by this Court in respect of the notifications issued by the respondents. As seen from the reply dated 20.07.2020, the petitioner has raised several contentions. Under the impugned Communication, dated 05.10.2020, none of the objections raised by the petitioner has been considered by the 1st respondent. The impugned communication is a non speaking order. Rule 7 of the Foreign Trade (Regulation) Rules, 1993 makes it clear that reasons will have to be given for putting the petitioner under the "Denied Entity List" (DEL) - Since, no reasons have been given, this Court is of the considered view that principles of natural justice has been violated by the respondents. The petitioner ought to have been afforded a fair hearing before such an order could have been passed. The matter remanded back to the respondents for fresh consideration on merits and in accordance with law after affording a fair hearing to the petitioner - Petition allowed by way of remand.
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