Ex-parte order set aside for lack of proof of show cause notice service under Customs Act.

ORDER

The present writ petition has been filed challenging the impugned exparte order in original No.112385/2025 dated 13.03.2025 on the short ground that neither show causes notice dated 20.03.2023 nor personal hearings fixed on 06.03.2024, 14.03.2024 and 25.03.2024, were served on petitioner nor intimated to petitioner.

2. To a pointed question to learned Standing Counsel for respondents, whether there is any material to show that show cause notice had been served on petitioner and the personal hearings had been duly intimated in terms of Section 153 of the Customs Act to petitioner, he would submit that there is no material to support, while asserting that show cause notice was in fact served and personal hearings were in fact intimated.

3. Heard the counsels and perused the materials available on record.

4. In the absence of any material to demonstrate that notices were actually served as was sought to be asserted, this Court is inclined to dispose of writ petition with following directions:

i) Impugned order dated 13.03.2025 is set aside;

ii) Petitioner shall treat the impugned order as a show cause notice and submit his reply/objection before the adjudicating authority, within a period of two weeks from the date of receipt of a copy of this order;

iii) The adjudicating authority shall proceed to pass final orders, in accordance with law, within a period of four weeks thereafter, after affording petitioner an opportunity of hearing.

5. Accordingly, the writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed.