TURAKHIA ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petition impugns the order of the Joint Chief Controller of Imports and Exports dated 17th September 1990 in so far as it imposes penalties upon the petitioner and its partners and debars them for a period of 5 years. For the purposes of imposing a personal penalty upon the partners, the Joint Chief Controller states that the petitioner and its partners had not accepted the show-cause notice and, therefore, had evaded responsibility to produce the necessary information and documents called for by the show-cause notice. In the same order, however, the joint Chief Controller states that the notice issued to petitioner and its partners had been returned undelivered by the postal authorities with the remark "not known".

(2.) NO second attempt to serve the show-cause notice was, apparently, made. It is patent that the show-cause notice was not, in fact, received by the petitioner by reason of the fact that it was returned with the remark by the postal authorities "not known". There has, therefore, been a breach of the principles of natural justice and the order of the Joint Chief Controller dated 17th September 1990 in so far it concerns the petitioner and its partners must be quashed and set aside.

(3.) THE show-cause notice shall be served upon the advocate of the petitioner and the proceedings in respect thereto shall commence afresh from that point onwards. Rule absolute accordingly.