Law: Customs Act, 1969

Section: 32

Provisional Constitution Order (1 of 1981)--Art. 9-Customs Act (IV of 1969), S. 32 (2)-Deputy Collector Customs, on basis of telex received from Thailand issuing show-cause notice on petitioner for obtaining clearance of consignments by filing false declaration-Petitioners disowning telex and moving application before Deputy Collector for issuing Commission to examine partner or representative of firm but Deputy Collector declining- Petitioners without availing themselves of remedies provided in Customs Act filing writ petition with prayer that they. are not being provided with opportunity to meet allegations contained in show-cause notice and in case they are imposed penalty, they will not be able to pay on account of huge amount-Remedies by way of filing application, appeal and revision available in Customs Act and these can be availed off by petitioners-No interference, in writ jurisdiction, held, called for in circumstances-Petition dismissed. ORDER This is a petition, in which the petitioners jointly have impugned 21 show-cause notices (Anexures A/l to A/21) issued by the Deputy Controller of Customs (Valuation) under section 32 (2) of the Customs Act, 1969 on the allegation that the petitioners obtained the clearance of the consignments covered by the above show-cause notices by filing false) declarations. It seems that according to the petitioners the above show cause notices were issued on the basis of a telex allegedly received from the owner of Messrs Amardas Champion Ltd. Part, Bangkok, Thailand. In the proceedings which have been initiated on the basis of the above show-cause notices, the petitioners moved an application before the Deputy Controller of Custom (Valuation) praying that a Commission be issued to examine the partner or a representative of the above firm as the said firm had disowned the alleged telex, inter alias through their letter dated…

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