Allahabad High Court
Manoj Kumar Soni & Anr. vs Directorate Of ... on 25 September, 2019
Bench: Shabihul Hasnain, Rekha Dikshit
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 26093 of 2019 Petitioner :- Manoj Kumar Soni & Anr. Respondent :- Directorate Of Revenue,Intelligence,Lko. & Anr. Counsel for Petitioner :- Vijay Pathak,Ramakant Gaur Counsel for Respondent :- Dipak Seth,Digvijay Nath Dev Hon'ble Shabihul Hasnain,J.
Hon'ble Mrs. Rekha Dikshit,J.
Heard Shri Ramakant Gaur, learned counsel for the petitioners and Shri Deepak Seth, Advocate alongwith Shri Digvijay Nath Dubey, learned counsel for opposite party no.2.
Following prayer has been made in this writ petition:-
"(i) To issue a writ of certiorari thereby quashing the order/letter dated 26.4.2019 passed by respondent no. 2 as contained in Annexure No.5 to this writ petition denying the request to conduct the cross examination of the officials of the DRI and allow the cross examination of such officers.
(ii) To issue a writ of mandamus or any other writ in nature of mandamus to direct the Ld. Adjudicating Authority to take appropriate measures to ensue the identity and appearance of the Panch witnesses for the purpose of cross examination.
(iii) to direct the Respondents to ensure the smooth and expeditious conduct of the adjudication proceedings in Show Cause Notice No.DRI/LZU-GI/26/ENQ-36 (INT.O/2018/550 dated 04.02.2019 in accordance with the provisions of Customs Act, 1962 and CrPC, and /or.
(iv) To pass any other order which the Hon'ble Court may deem fit in the light of equity, justice and good conscience.
(v) Allow the writ petition with cost in favour of the petitioners."
A preliminary objection has been raised by Shri Deepak Seth that efficacious and alternative remedy is available to the petitioner under the Customs Act, 1962 by way of Section 129-A. It is clear that any order passed by the Principal Commissioner of Customs or Commissioner of Customs can be appealed to the Appellate Tribunal under the aforesaid provision.
We feel that this petition is not maintainable in view of the alternative remedy available. Learned counsel for the petitioners has submitted that the petitioners want to file an appeal immediately before the Appellate Authority. It is their discretion to move the appeal as the provision provides them to do so.
We direct that in case the appeal is filed by the petitioners, the Appellate Authority shall examine it and pass appropriate orders expeditiously, as soon as possible, say within a maximum period of three months from the date of the appeal is placed before the appellate authority.
With the aforesaid observations, the writ petition is disposed of .
Order Date :- 25.9.2019 GSY