Jagadish Prasad Jajodia vs Commissioner Of Customs ...
2022 Latest Caselaw 951 Cal/2

OD-22
                           ORDER SHEET
                          WPO 1595 of 2022
                IN THE HIGH COURT AT CALCUTTA
               CONSTITUTIONAL WRIT JURISDICTION
                         ORIGINAL SIDE


                 JAGADISH PRASAD JAJODIA
                            Vs
        COMMISSIONER OF CUSTOMS (PREVENTIVE) AND ANR.


BEFORE:
The Hon'ble JUSTICE MD. NIZAMUDDIN

Date : 22nd March, 2022 (Via Video Conference) Mr. Saumya Majumdar, Mr. Manoj Malhotra, Mr. Subhail Farook, Advs.

...for the petitioner Mr. Kaushik Dey, Adv.

...for DRI Mr. Somnath Ganguli, Mr. Sukalpa Seal, Advs.

...for Customs (Preventive)

The Court: Heard learned Advocates appearing for the parties.

In this matter petitioner has challenged the impugned notice

dated 8th March, 2022 being annexure P-5 to the writ petition issued

by the Office of the Commissioner of Customs (Preventive), West

Bengal, on the ground of jurisdiction of the officer concerned in

issuance of such notice in view of the judgment of the Supreme Court

in the case of Canon India Ltd. reported in 2021 SCC Online 200.

On perusal of the aforesaid impugned notice I find that the next

date of hearing has been fixed on 25th March, 2022. At this stage, I am

not inclined to interfere with the aforesaid impugned notice and let the

Authority concerned decide the preliminary objection of

maintainability of the aforesaid notice first, in accordance with law

and by passing a reasoned and speaking order after giving effective

opportunity of hearing to the petitioner or its authorised

representative and taking into consideration the judgment in the case

of Canon India (supra).

List this matter under the same heading on 6th April, 2022.

Petitioner is given liberty to challenge the order, if so aggrieved,

by the order to be passed by the Authority, by way of supplementary

affidavit, if so advised.

(MD. NIZAMUDDIN, J.)

TR/