PRAVEEN KUMAR BAID Vs. UNION OF INDIA

JUDGEMENT

(1.) The Court: Heard both the parties.

(2.) In this matter petitioner has challenged the impugned order of Customs Adjudicating Authority dated 9th September, 2021 on the ground of violation of principles of natural justice by contending that the respondent Commissioner of Customs has not considered the order of the Tribunal on the similar facts as of the case of the petitioner and on the ground that some documents have not been considered.

(3.) Considering the submissions of the parties, the ground of violation of principles of natural justice according to me is not tenable in this case since it is not a case where no opportunity of hearing was given to the petitioner. It is a case of non-consideration of a document or a judgment of the Tribunal or an order of the authority. If the contention of the petitioner is correct it can be said bad order and cannot be considered that the order is without jurisdiction or order is in violation of the principles of natural justice. It may be a good case of the petitioner for appeal before the appellate forum which has been created by the statute for redressal of such nature of grievance.