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Customs - Highlights / Catch Notes

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Suspension of operations of handling the cargo of third parties ...


Suspension of third-party cargo operations without notice violates natural justice, case remanded for procedural fairness.

March 30, 2024

Case Laws     Customs     HC

Suspension of operations of handling the cargo of third parties - The High Court observes that the absence of a show cause notice and an opportunity for a hearing violates fundamental principles of natural justice, particularly given the significant civil consequences of the order. Additionally, the Court takes into account the potential adverse impact on third parties associated with the petitioners. Consequently, it orders the remand of proceedings to the Commissioner for a fresh order, emphasizing the necessity of adherence to procedural fairness.

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