KIRIT CHANDRAKANT DHRUV Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Counsel for the Respondent. Rule. Rule made returnable forthwith. Learned Counsel for the Respondent waives service. By consent taken up for hearing.

(2.) By this petition the Petitioner is challenging the order dated 29th April, 2005 passed by the Settlement Commission, Additional Bench, Customs and Central Excise, Mumbai. We have perused the order dated 15th April, 2005 passed by the learned Single Judge of this Court sitting on the Criminal Jurisdiction in Criminal Application No. 1348 of 2005, wherein it is clearly mentioned that the matter is notified for hearing on 23rd June, 2005 before the Settlement Commission and the learned Judge has also adjourned the matter to 24th June, 2005, so as to enable the settlement proceedings to as completed on 23rd June, 2005.

(3.) Shri Kantawala for the Petitioner strongly contends that the Respondent had deliberately got the above matter preponed before the Settlement Commission and got the date fixed as 25th April, 2005 knowing fully well that on 25th April, 2005 the Settlement Commission would not be able to here the matter on merits as the matter would be premature since 180 days had not expired. In this behalf there is no dispute that 180 days would expire on 19th June, 2005 and thereafter only the Settlement Commission will have jurisdiction to entertain the above matter and pass order on merits.