TMI Blog2014 (7) TMI 812X X X X Extracts X X X X X X X X Extracts X X X X ..... lation of principles of natural justice is opposed to the fair adjudication and conscience. The party should be made aware of the allegations made against him which may result into a penal order and any infraction shall entail the action liable to be struck down for violation of principles of natural justice. Since the order impugned is passed without affording an opportunity of hearing and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se agent in the jurisdiction of the Commissioner of Customs (Preventive) with immediate effect until further order. The challenge is basically made on the ground of violation of principles of natural justice. It is no longer res integra that the order passed by the Commissioner of Customs under Regulation 23 of the Customs Brokers Licensing Regulations 2013 is not amenable to be challenged in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons contained in the said regulations. The said provision neither expressly provide for hearing to be afforded t the custom broker nor taken away the power of hearing to be given to the custom broker. The Division Bench of the Bombay High Court in the case of S.R. Sale Co. vs. Union of India reported in 2013 (296) E.L.T. 289 held that where the statute or the statutory regulations are silent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and any infraction shall entail the action liable to be struck down for violation of principles of natural justice. It would be apt to quote paragraph 19 of the said judgement:- 19. Natural justice is the essence of fair adjudication, deeply rooted in tradition and conscience, to be ranked as fundamental. The purpose of following the principles of natural justice is the prevention of miscarri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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