Delhi High Court
Narendra Kumar Jain vs Shri Dinesh Meena ,Joint ... on 12 December, 2019
$~28
*IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 12th December, 2019
+ W.P.(C) 13122/2019 and CM Appl. No. 53480/2019 (stay)
NARENDRA KUMAR JAIN ..... Petitioner
Through: Mr. Ramakant Gaur, Ms. Sneha Arya
and Ms. Amrita Joshi, Advs.
versus
SHRI DINESH MEENA ,JOINT COMMISSIONER,
CUSTOMS(PREVENTIVE) AND ANR. ..... Respondents
Through: Mr. Amit Bansal, Sr. Standing
Counsel with Ms. Vipasha Mishra,
Adv. for respondent no. 1
Mr. Satish Aggarwala, Sr. Standing
Counsel with Mr. Akshay Saxena,
Adv. for Custom
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 12.12.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 13122/2019
1. This writ petition has been preferred with the following prayers:
"A. To issue a writ of mandamus to direct the Respondent
No. 1 to Call for the Records of the adjudication proceedings
and to supply copies of the order sheets/records of the Personal
Hearings and all the subsequent proceedings including order
dated 06.11.2019 to the Petitioner, pertaining to the
adjudication proceedings of the Show Cause Notice No.
41/2017 in F. No. DRI/DZU/34/ Enq-14/2016 dated 29.08.2017
In Case No. VIII/DLI/ CUSTOM/PRV/ADJ/DRI
/JC/Aameen/22/201, In observance of the Rules of Natural
Justice and provisions of the Customs Act, 1962;
B. To Issue a writ of mandamus to direct the Respondent
No. 2 to supply the copies of the seized documents and digital
data (phones and hard discs of the computer devices as
referred and relied In the Show Cause Notice) Including those
seized on 16.09.2016 and 23.09.2016 from the business
premises of the petitioner In the captioned matter to the
Petitioner, and/or,
C. To Issue a writ of certlorarified-mandamus to direct the
Respondent No. 1 to Call for the Records of the adjudication
proceedings and to ensure the presence of witnesses; to
continue and conduct the smooth Proceedings of the cross-
examinations; and to culminate the proceedings judiciously and
expeditiously, and/or;
D. To Issue a writ of mandamus to direct the Respondent
No. 1 to pass a speaking Adjudication Order after considering
all the materials on record, and/or;
E. Pass any other order which this Honorable Court may
deem fit, proper and just In the Interest of Justice.
F issue suitable directions, orders as are deemed necessary in
the facts and circumstances of the case."
2. Having heard counsel for both the sides and looking to the facts and
circumstances of the case, it appears that 60 gold bars were seized on 1 st / 2nd
September, 2016 from the petitioner. Show Cause Notice dated 29th August,
2017 has already been issued by the respondents for confiscation of the gold
bars and for penalty etc. The process of adjudication of the Show Cause
Notice dated 29th August, 2017 has already been started, which is yet to be
completed.
3. During the aforesaid process of adjudication, this writ petition has
been preferred for correction of methodology of adjudication, which we are
not going to interfere at all because it is left on the discretion and wisdom of
the respondents and with the expectation that they shall follow the law, rules,
regulations and Government policy as applicable to the facts of the case.
They shall also keep in mind the judicial pronouncements rendered by the
Hon'ble Supreme Court and this Court. We also direct the respondents that
if any daily orders have been passed, such order-sheets ought to be supplied
to the petitioner after following the procedure, like application etc.
4. With these observations, this writ petition is hereby disposed of at this
stage.
CM Appl. No. 53480/2019 (stay)
In view of the order passed in the writ petition, this application is
disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J.
DECEMBER 12, 2019
r.bararia /2
