COLLOIDS IMPEX (P) LIMITED NO. B-42, 3RD STAGE, PEENYA BANGALORE - 560058 BY ITS MANAGING DIRECTOR SRI VIKRAM SANKALCHAN PATEL Vs. THE COMMISSIONER OF CUSTOMS BANGALORE ZONE CENTRAL REVENUE BUILDINGS QUEENS ROAD BANGALORE - 560001

JUDGEMENT

(1.) THIS Writ Petition is directed against the order dated 30.12.2011 (Annexure -H) passed by the Commissioner of Customs, Bangalore. I have heard Sri Jayakumar S. Patil, learned Senior Counsel appearing for the petitioner and Sri P.S. Dinesh Kumar, learned Senior Standing Counsel appearing for the respondent.

(2.) SRI Jayakumar S. Patil, learned Senior Counsel appearing for the petitioner submitted that though the petitioner has a statutory remedy of appeal against the impugned order under Sec. 129A(1)(a) of the Customs Act, 1962 ('the Act' for short), the petitioner has filed this Writ Petition invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India as the impugned order is violative of the principles of natural justice. He specifically referred to para 25 as also para 31 of the impugned order and submitted that the Commissioner of Customs has relied on certain materials to hold against the petitioner without furnishing the said materials to the petitioner. Therefore, he submitted that the impugned order is violative of the principles of natural justice.

(3.) IT is true that if an order is violative of the principles of natural justice, it is open to the party aggrieved to assail the order by invoking the writ jurisdiction of the High Court under Article 226 of the Constitution of India. However, interference depends on the facts of the case.