Satish Jayarman And Another v. The State Of Maharashtra Through Pso Ps Hudkeshwar Nagpur And Another

28.APPLN.136.2024.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION APPLICATION NO.136 OF 2024 Commissioner of Customs (Import - I) .. Applicant

Versus

Jaspal Singh Dhodi and Anr.

.. Respondents ....................

 Ms. Nitee Punde a/w. Ms. Megha Bajoria, Advocate for Applicant.  Dr. Sujay Kantawala, Advocate i/by Avinash Limbola for Respondent No.1.

 Mr. Dinesh J. Haldankar, APP for Respondent No.2. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 12, 2025 P.C.

:

1.

Mentioned out of turn at the time of rising of the Court. 2.

Heard Ms. Punde, learned Advocate for Applicant; Dr. Kantawala, learned Advocate for Respondent No.1 and Mr. Haldankar, learned APP for Respondent No.2.

3.

Ms. Punde informs the Court that pursuant to previous hearing she has instructions to place before the Court the fact that show cause notice has been issued to Applicant with respect to the investigation required to be furthered in the present case qua the necessary documents which are required to be submitted by Respondent No.1. She would submit that it would be in the fitness of things if the Court directs Respondent No.1 to attend the office of Commissioner of Customs in response to the said show cause notice on

28.APPLN.136.2024.doc the scheduled date. She would submit that response and reply by Respondent No.1 to the said show cause notice is not yet filed. If that be the case, Respondent No.1 is directed to file his Affidavit-in-Reply to the show-cause notice by placing Respondent No.1's case on record. 4.

Dr. Kantawala informs the Court that Affidavit-in-Reply to said show cause notice shall be filed positively within a period of four weeks from today. If said Affidavit-in-Reply is filed, Commissioner of Customs shall fix an appropriate date for hearing of the said show cause notice and follow principles of natural justice and determine the same strictly in accordance with law after giving the Respondent an opportunity of hearing. The decision of the said hearing shall be placed before the Court to enable the Court to consider the present Application of the Customs Department.

5.

Stand over to 23rd April, 2025. To be placed under the caption 'For Directions' and compliance.

H. H. SAWANT [ MILIND N. JADHAV, J. ] HARSHADA HANUMANT SAWANT Date: 2025.03.12 20:23:16 +0530 HARSHADA HANUMANT SAWANT