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2022 Supreme(Raj) 1934

AKIL KURESHI, SAMEER JAIN
Fairdeal Shipping Agency Pvt Limited – Appellant
Versus
The Joint Commissioner – Respondent


Advocates appeared:
Mr. Arun Goyal, for the Appellant
Mr. Kinshuk Jain, for the Respondent.

JUDGMENT

1. By way of present petitions, the show cause notice (SCN) issued by officers of Directorate of Revenue Intelligence (DRI) under Sections 28 and 124 of the Customs Act, 1962 (in short, 'Act' of 1962), are challenged. In the instant matters D.B. Civil Writ Petition No.5928/2021 is taken as lead case and 5980/2021, 5981/2021 and 5984/2021 as connected matters, as cause and controversy in the matters are identical.

2. The contention of petitioners is that in the light of Apex Court judgment rendered by Larger Bench titled as M/s Canon India Private Ltd. Vs. Commissioner of Customs reported in AIR 2021 SC 1699, it has been held that officers of DRI are not "proper officers" to initiate proceedings by way of issuance of show cause notice, raising demand/confiscation under Section 28 and 124 of the Act of 1962 and the subsequent proceedings thereto are without jurisdiction and ultra vires to the Act of 1962.

3. The case of the petitioner is that he is a Customs House Agent and the co-petitioners were importers engaged in the import of Glass Chatons at Customs ports at Jaipur. One investigation was conducted by Additional Director, DRI (Zonal) Unit Ahmedabad, in connected matter by

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