HAREN P CHOWKSEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is carrying on the business of auto eonsullancy as well as the sale, purchase and hiring of new and second hand cars as a broker on commission basis.

(2.) On 5.9.1988, officers of the Directorate of Revenue lntelligence,on the basis of a specific information, conducted a search of Mercedez Benz, 190 Car bearing registration No.DDU-9761. After search and recovery of certain documents the car was seized. During the course of inquiry conducted by the Directorate statements of various persons were recorded and it was found that the said car was imported to India without the cover of a valid import licence/CCP.

(3.) A show cause notice was issued to the petitioner, in pursuance of which the petitioner showed cause. Personal hearing was fixed on 13.12.1991 when the petitioner prayed for adjournment for another date. His request was acceded to and the hearing was fixed on 27.12.91. On that day the counsel for the petitioner appeared and filed his written submissions. The counsel also requested for copy of his statement dated 20.9.1988, as referred to in the statement dated 13.1.1989. The hearing was fixed on 9.3.1992, when neither the petitioner, nor his counsel appeared for personal hearing.