Decided on July 31,1996

Saiful Islam Sha Appellant
The Commissioner Of Customs And Ors. Respondents


Arun Kumar Dutta, J. - (1.)By this Writ Application under Art. 226 of the Constitution of India the Writ Petitioner Saiful Islam Sha (hereinafter referred to as petitioner) has prayed the Court for issue of "Writ of and/or in the nature of Mandamus commanding the Respondents, their men and/or agents and/or assigns to give effect and/or further effect to the purported show-cause notice being No. C. No. VIII(10) 620/S.E/K.C.D./95/PT dated 29.2.1996 in any manner whatsoever" and commanding them "to act in accordance with law and to release the subject goods," as described in Annexure 'A' thereto, for the reasons stared and on the grounds made out therein.
(2.)The petitioner has challenged the aforesaid show-cause notice and the relevant proceedings on the ground that even on the facts stated therein no case has been made out against him, in the facts and circumstances stated in the Writ Application.
(3.)As observed by a Division Bench of this Court in I.T.C. Limited Vs. Union of India, (1991)53 ELT Cal 234, the law is well settled that if a show cause notice is issued by a statutory authority relying upon some facts, that notice can be challenged before the writ Court only on the ground that even if the facts therein are assumed to be correct, no case has been made out against the petitioner. If a prima facie case has been made out in the show-cause notice, it is for the adjudicating authority to finally decide all the questions, including questions of fact. It has further been Held therein that a statutory enquiry can be stopped at the thresh - hold only if it can be established oo undisputed facts that the Writ petitioner should not have been put in peril at all. If a prima facie case has been made out in the show cause notice on the basis of allegations of facts, which call for an answer, it would not be proper for the writ Court to intervene

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