Calcutta HC quashes Customs Authority’s Order for violation of Principle of Natural Justice as no opportunity of Cross-examine was given [Read Order]

The Calcutta High Court quashed Customs Authority’s Order for violation of principle of natural justice as no opportunity of cross-examine was given.

The petitioner, Abhishek Gupta has challenged the impugned adjudication order passed by the Joint Commissioner of Customs (Port) on the ground that the same was passed in gross violation of principle of natural justice by not affording effective opportunity of personal hearing to the petitioner in spite of request for personal hearing and also before passing the impugned adjudication order, no opportunity was given to the petitioner to cross-examine the person concerned on whose statement, respondent concerned wanted to rely in course of adjudication proceedings and further that no eligible copies of some of the documents upon which respondent concerned wanted to rely, were provided to the petitioner in spite of its request. In support of these allegations, petitioner has annexed the relevant documents to the writ petition.

The single bench of Justice Md. Nizamuddin there is a gross violation of principle of natural justice in the case of the petitioner in course of impugned adjudication proceedings and at the time of passing the impugned adjudication order and keeping this writ petition pending and calling for affidavit from the respondents will be a futile exercise.

“I am inclined to dispose of this writ petition by setting aside the impugned adjudication order dated 21st September, 2021 on the ground of violation of principle of natural justice alone and remand the matter back to the officer concerned to reconsider the case of the petitioner and pass a fresh adjudication order after giving effective opportunity of hearing to the petitioner or its authorised representative after supplying the eligible copies of the relevant documents upon which the respondent concerned wants to rely and also shall allow the petitioner to cross-examine the witnesses upon whose statement the respondent concerned wants to rely in the impugned adjudication proceedings,” the court said.

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