MANI BHADRAS TRADING COMPANY REP BY ITS PROPRIETOR SHRI BHAVESH V SAKARIA Vs. COMMISSIONER OF CUSTOMS, (SEAPORTS - EXPORTS)

JUDGEMENT

(1.) The case of the petitioner is as follows:

(2.) Thereafter, the petitioner and his associate Mr. Sudhir Ostwal were arrested on 21.09.2007 and they were enlarged on bail later. A show cause notice dt. 06.03.2008 was issued by the DRI to the petitioner and his associate Mr. Sudhir Ostwal calling upon them to show cause as to why action should not be taken against them as stated in the notice. The petitioner through his counsel/Consultant sent an interim reply dated 03.04.2008 to the show cause notice sent by the respondent, denying the allegations and specifically requesting for cross examination of the authors of the GEQD report as the show cause notice very heavily relies on the same and also the officers from DRI who recorded the statements. Though a personal hearing was granted to the petitioner, which was held on 22.07.2008, the cross examination sought for by the petitioner was rejected. Aggrieved by the same, the above writ petition has been filed for the aforesaid relief.

(3.) I have heard the learned Counsel appearing for the petitioner and Mr. T.R. Senthil Kumar, learned Central Government Senior Standing counsel appearing for the respondent. I have also gone through the documents including the Counter affidavit filed by the respondent.