TMI Blog1994 (1) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... dents proceeded with the investigation and recorded statements from several persons including the said Anthony. The investigation disclosed that the petitioner was involved in smuggling activities and was using the said hut of Anthony for concealing the contraband articles. Later on it is stated that the witnesses retracted from their statements. The petitioner was examined and a show cause notice dated 23-2-1983 was issued. The petitioner submitted his explanation. By an order dated 28-10-1983 the subject goods were confiscated and a personal penalty of Rs. 25,000 was imposed on the petitioner. The petitioner did not challenge the order of confiscation, but questioned the imposition of a personal penalty of Rs. 25,000 and filed an appeal t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged in this writ petition, I am of the opinion that it will be wise to dispose of the writ petition on merits without going into the question whether the same is liable to be dismissed on the ground of the availability of alternative remedies. This is because the writ petition was admitted on 21-3-1986 and is pending in this Court for nearly eight years. It would not be proper to dismiss the writ petition at this stage on the ground that the petitioner should have availed of the alternative remedy. Secondly, the issue lies in a narrow compass and can be disposed of on the available materials, applying the well-known principles of law. 4.Principles of natural justice are not contained anything water-tight compartment but will differ from c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... about the non-furnishing of the statements. If such a complaint had been made it would have been possible for the authorities to furnish the copies. 5.Even during the pendency of the writ petition in this Court the petitioner could have very well called upon the respondents to produce the said statements and perused the same. Therefore, I reject the plea of violation of principles of natural justice. 6.On the merits I find that the first respondent has referred to the retracted statement of Anthony wherein he has implicated the petitioner and has also described the manner in which the subject goods were concealed in his hut. The Mahazar dated 23-6-1982 proves the recovery of the goods from the hut of Anthony. Therefore, Anthony has to g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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