OM UDYOG Vs. UNION OF INDIA

JUDGEMENT

(1.) Controversy in the present writ petition pertains to legality of detention notices which were followed by seizure of the goods and issuance of show cause notices which are admittedly pending adjudication before the adjudicating authority. Counsel for the petitioner submits that detained goods apart from the grease and rubber processed oil, have been released. The petitioner has received information, under the Right to Information Act that the detained goods are not hazardous. In view of the reply received under the Right to Information Act, the entire proceedings including the show cause notices may be quashed and the goods may be ordered to be released.

(2.) Counsel for the respondents submits that as the matter is pending adjudication, the petitioner may raise these pleas before the adjudicating authority, who would decide the matter within such time as this Court may deem fit.

(3.) We have heard Counsel for the parties and as the matter is pending adjudication before the adjudicating authority dispose of the writ petition by directing the petitioner to appear before the adjudicating authority, with liberty to raise all pleas raised herein including the plea based on information supplied under the RTI Act. The adjudicating authority shall grant personal hearing to the petitioner and conclude the matter within a week of the petitioner furnishing his reply/defence if any. Parties are directed to appear before the adjudicating authority on 29-10-2013.