Calcutta High Court
Tushar Kanti Das vs Commissioner Of Customs (Port) And Ors on 25 June, 2013
Author: Tapen Sen
Bench: Tapen Sen
ORDER SHEET
WP No.433 of 2013
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
TUSHAR KANTI DAS
Versus
COMMISSIONER OF CUSTOMS (PORT) AND ORS
BEFORE:
The Hon'ble JUSTICE TAPEN SEN
Date : 25th June, 2013.
Appearance:
Mr. Arijit Chakrabarti, Advocate
Mr. Sharada Prasad Roy, Advocate
..for the Petitioner.
Mr.S.B. Saraf, Advocate
Md.T. M. Siddiqui, Advocate
..for the Customs Authority
Mr. K. Dey, Advocate
..for DRI.
The Court: It appears that notwithstanding the order passed by this Court on
16.5.2013, the Commissioner of Customs (Port) has not complied with the same inasmuch as he has not given a decision in accordance with law after giving an opportunity of hearing to the Petitioner. Although Mr. Saraf has tried to defend the said authority by producing a letter dated 05.06.2013, which refers to the representation of the petitioner dated 30.03.2013 amongst other representations / letters also, the bottom line is that neither any opportunity of hearing has been given to the Petitioner nor a reasoned order has been passed in accordance with law. This Court, therefore, was inclined to take up the matter now finally and impose costs but because of the very fair 2 and humble submissions of Mr. Saraf, takes a linient view of granting one last final indulgence to the Commissioner of Customs to obey the order failing which, this Court will dispose of the writ petition or pass any order or orders as may be deemed fit and proper. This last opportunity to the Commissioner of Customs (Port) shall expire on the 12th July, 2013.
Put up this case on 16th of July, 2013.
(TAPEN SEN, J.) dg2