SADGURU FORWARDERS PVT LTD Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The order dated November 16, 2017 passed by the Commissioner of Customs (Port) is under challenge in the present writ petition.

(2.) The impugned order is appealable. However, the petitioners seek to maintain the writ petition on the ground that, the impugned order stands vitiated due to breach of principles of natural justice. According to the petitioners, the right of cross-examination was denied unlawfully to the petitioners.

(3.) The learned Advocate for the petitioners submits that, the petitioner was denied the right of cross-examination on August 25, 2017 whereupon, the petitioners had approached the writ court. The writ court allowed the right of crossexamination. The authorities fixed October 23, 2017 as the date when the cross-examination was to take place. On such date, the learned Advocate for the petitioners could not attend and wrote a letter dated October 23, 2017 itself addressed to the Commissioner of Customs (Port) seeking adjournment. Learned Advocate for the petitioners submits that, the impugned order was passed without considering the request for extension of time to cross-examine as made by the letter dated October 23, 2017. Therefore, the impugned order stands vitiated.