Commissioner of Customs (IMPORT-1) vs Shri Jaspal Singh Dhodi — Bombay HC (2025) — LawSathi Research

Commissioner of Customs (IMPORT-1) vs Shri Jaspal Singh Dhodi — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: Respondent No.1 to file his Affidavit-in-Reply to the show cause notice within four weeks; Commissioner of Customs thereafter to fix a hearing date, follow principles of natural justice and determine the notice strictly in accordance with law, reporting the decision to the Court; matter stood over to 23 April 2025 under the caption 'For Directions' and compliance.

Issue for consideration

Whether Respondent No.1 should be directed to file his Affidavit-in-Reply to the show cause notice issued to the Applicant, placing his case on record. +1 more

Court's answer

Respondent No.1 is directed to file his Affidavit-in-Reply to the show cause notice issued to the Applicant, placing his case on record.

Ratio / Principle

The Affidavit-in-Reply to the show cause notice shall be filed positively within four weeks from the date of this order.

Key takeaways

On filing of the Affidavit-in-Reply, the Commissioner of Customs shall fix an appropriate hearing date, follow principles of natural justice and determine the show cause notice strictly in accordance with law after giving the Respondent an opportunity of hearing.ratio¶23
The decision of the hearing on the show cause notice shall be placed before the Court to enable it to consider the present Application of the Customs Department.ratio¶23

Detailed headnote1 paragraphs

Bombay High Court, Criminal Appellate Jurisdiction — Milind N. Jadhav, J.; Application No. 136 of 2024; decided 12 March 2025. Commissioner of Customs (Import - I) (Applicant) v. Jaspal Singh Dhodi and Anr. (Respondents). Pursuant to a show cause notice issued to the Applicant concerning documents required from Respondent No.1 in furtherance of an ongoing investigation, and Respondent No.1's reply remaining unfiled, the Court directed Respondent No.1 to file his Affidavit-in-Reply to the show cause notice within four weeks. On such filing, the Commissioner of Customs is to fix an appropriate hearing date, follow principles of natural justice and determine the notice strictly in accordance with law after giving the Respondent an opportunity of hearing, and place the decision before the Court. Matter stood over to 23 April 2025 under the caption 'For Directions' and compliance.

28.APPLN.136.2024.doc

HARSHADA H. SAWANT (P.A.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

APPLICATION NO.136 OF 2024

Commissioner of Customs (Import - I)

.. Applicant

Versus

Jaspal Singh Dhodi and Anr.

.. Respondents

Ms. Nitee Punde a/w. Ms. Megha Bajoria, Advocate for Applicant.

Dr. Sujay Kantawala, Advocate i/by Avinash Limbola for Respondent No.1.

Mr. Dinesh J. Haldankar, APP for Respondent No.2.

CORAM : MILIND N. JADHAV, J. DATE : MARCH 12, 2025

P.C.:

1. Mentioned out of turn at the time of rising of the Court.

2. Heard Ms. Punde, learned Advocate for Applicant; Dr.

Kantawala, learned Advocate for Respondent No.1 and Mr. Haldankar, learned APP for Respondent No.2.

3. Ms. Punde informs the Court that pursuant to previous hearing she has instructions to place before the Court the fact that show cause notice has been issued to Applicant with respect to the investigation required to be furthered in the present case qua the necessary documents which are required to be submitted by Respondent No.1. She would submit that it would be in the fitness of things if the Court directs Respondent No.1 to attend the office of Commissioner of Customs in response to the said show cause notice on

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28.APPLN.136.2024.doc

the scheduled date. She would submit that response and reply by Respondent No.1 to the said show cause notice is not yet filed. If that be the case, Respondent No.1 is directed to file his Affidavit-in-Reply to the show-cause notice by placing Respondent No.1’s case on record.

4. Dr. Kantawala informs the Court that Affidavit-in-Reply to said show cause notice shall be filed positively within a period of four weeks from today. If said Affidavit-in-Reply is filed, Commissioner of Customs shall fix an appropriate date for hearing of the said show cause notice and follow principles of natural justice and determine the same strictly in accordance with law after giving the Respondent an opportunity of hearing. The decision of the said hearing shall be placed before the Court to enable the Court to consider the present Application of the Customs Department.

5. Stand over to 23^rd April, 2025 . To be placed under the caption ‘ For Directions ’ and compliance.

H. H. SAWANT

[ MILIND N. JADHAV, J. ]

HARSHADAHANUMANT Digitally signed byHARSHADAHANUMANTSAWANT SAWANT Date: 2025.03.1220:23:16 +0530

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