1990 (12) TMI 96

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..... -10-1986 and 14-10-1987. During this period he was served with the notice, regarding certain proceedings to confiscate gold and levy penalty under the provisions of the Customs Act and Gold Control Act. The petitioner did not send any reply; his counsel wrote a letter to the Collector stating that the petitioner was in prison and the proceedings may be postponed till he is released from detention. .....

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..... that the principle of natural justice required the Collector to adjourn the matter and no prejudice would have resulted by postponement of the proceedings. I find considerable force in this contention. The investigation involves the examination of witnesses and cross-examination and naturally the petitioner has to instruct his counsel. Further Mr. Jeshtmal stated that the petitioner is not concern .....

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