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Mudit Kumar Tewari v. Union Of India & Others - WRIT TAX No. 142 of 2006 [2006] RD-AH 12391 (27 July 2006)


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Court No. 37

Civil Misc. Writ Petition No.  142 of 2006

Mudit Kumar Tewari  vs.  Union of India and others.

Hon'ble R.K.Agrawal, J.

Hon'ble Vikram Nath, J.

We have heard Sri Shashi Nandan, learned Senior Advocate assisted by Sri Govind Krishna, learned counsel appearing for the petitioner and Sri Satish Agarwal and Sri Manoj Kumar learned counsel appearing for the respondents.

By means of the present writ petition filed under Article 226/227 of the Constitution of India the petitioner has challenged the show cause notice dated 20th August, 2004 issued by the Directorate of Revenue Intelligence, New Delhi- respondent no.2 calling upon the petitioner to show cause as to why action be not taken for certain acts of commission and omission in respect of export of goods. The petitioner has challenged the validity of the show cause notice on merits as also on the ground that the relied upon documents have not been enclosed with the show cause notice or provided to him. This Court vide interim order 12th April, 2006 had directed the respondents to provide photostat copies of the relied upon documents to the petitioner. The contention of the department is that they have supplied the relied upon documents. However, the petitioner's submission is that some of the photostat copies are not legible and, therefore, proper reply to the show cause notice could not be given. This Court vide order dated 11th July, 2006 directed the parties to examine the documents to show their relevance and importance in the proceedings. It had also observed that most of the documents are alleged to have been seized from the petitioner and it has been stated by the respondents' side that the copies, which were seized, were themselves not very legible and the photostat copies of those copies are still worse. The respondents have given the best possible copies, which could be prepared.

We are not inclined to go into the merits of the case as it should be left to the adjudicating authority to decide the question as to whether the petitioner has violated any of the provisions of the Customs Act or not. However, in order to avoid any prejudice being caused to the petitioner for the reason that the relied upon documents which have been supplied to him are not legible, we permit the petitioner to make inspection and take copies of the same either by hand or by using his own photo copier machine within two weeks from today. The adjudicating authority- respondent no.3 shall ensure that if the petitioner or his representative comes to inspect the relied upon documents or take copies thereof, the said respondent will provide the relied upon documents which have been seized in original for the aforesaid purpose. The petitioner shall, if so advised, file his additional/ supplementary reply within four weeks thereafter and the adjudicating authority shall pass appropriate orders in accordance with law pursuant to the show cause notice within six weeks thereafter. It is made clear that if the petitioner fails to submit any additional/supplementary reply after making inspection and taking copies of the relied upon documents, the respondents shall be at liberty to proceed on the basis of the reply already submitted and on the basis of the documents on record.

The writ petition is disposed of with the above observations.




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