IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-04-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.6258 of 2011 and M.P.No.1 of 2011 T.Thiyagarajan .. Petitioner. Versus The Commissioner of Customs (Import), Office of the Commissioner of Customs, Custom House, No.33, Rajaji Salai, Chennai-600 001. .. Respondent. PRAYER: Petition filed under Article 226 of the Constitution of India praying for a Writ of Prohibition, prohibiting the respondent herein from proceeding further with the adjudication process in File No.F.No.CAU/DRI/35/2009, on the file of the respondent, pursuant to the show cause notice, dated 5.8.2009, issued by the Office of the Directorate o Revenue Intelligence, Chennai Zonal Unit in File No.VIII/26/414/2007-DRI, without supplying the documents sought for and following the principles of natural justice including affording cross-examination of the persons sought for under the defense statements of the petitioner. For Petitioner: Mr.B.Kumar, Senior Advocate or Mr.B.Satish Sundar For Respondent: Mr.K.Ravi Anantha Padmanabhan O R D E R Heard Mr.B.Kumar, learned Senior Advocate, appearing on behalf of the petitioner and Mr.K.Ravi Anantha Padmanabhan, the learned counsel appearing on behalf of the respondent. 2. This writ petition has been filed praying that this Court may be pleased to issue a Writ of Prohibition, prohibiting the respondent from proceeding with the adjudication process, in File No.F.No.CAU/DRI/35/2009, pursuant to the show cause notice, dated 5.8.2009, issued by the Office of the Directorate of Revenue Intelligence, Chennai Zonal Unit, in File No.VIII/26/414/2007-DRI, without supplying the documents sought for by the petitioner and without following the principles of natural justice. https://hcservices.ecourts.gov.in/hcservices/ 3. The learned Senior Advocate Mr.B.Kumar appearing on behalf of the petitioner had submitted that it would suffice if the adjudication process is carried on by the respondent after furnishing the documents sought for by the petitioner, which had been seized from the petitioner, and the copies of the documents relied on by the respondent during the adjudication proceedings. He had further submitted that the respondent should be directed to conduct the adjudication proceedings by following the principles of natural justice, in its true spirit and in good faith. 4. The learned counsel Mr.K.Ravi Anantha Padmanabhan, appearing on behalf of the respondent, had submitted that the respondent shall return to the petitioner all the documents seized from the petitioner, which are not relied upon by the respondent, if they had not been given to the petitioner, till date. He had also submitted that the copies of all the documents relied on by the respondent, during the adjudication proceedings, would also be furnished to the petitioner, within fifteen days from the date of receipt of a copy of this order. 5. In view of the submissions made by the learned counsels appearing on either side, this Court finds it appropriate to direct the respondent to return to the petitioner the seized documents, which are not relevant for carrying on the adjudication process and the copies of all the documents relied on by the respondent, during the process of adjudication, within fifteen days from the date of receipt of a copy of this order. 6. It is made clear that the respondent shall follow the principles of natural justice during the process of adjudication, by affording a reasonable opportunity to the petitioner to substantiate the claims made by him. It is also made clear that the petitioner should cooperate, fully, in the adjudication process, which shall be conducted by the respondent, as per the relevant provisions of law, as expeditiously as possible. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar csh https://hcservices.ecourts.gov.in/hcservices/ To The Commissioner of Customs (Import), Office of the Commissioner of Customs, Custom House, No.33, Rajaji Salai, Chennai-600 001. 2 cc To Mr.K.Rvi Anantha Padmanabhan, Advocate, SR.25467 & 27959. 2 cc To Mr.B.Sathish Sundar, Advocate, SR.27825. W.P.No.6258 of 2011 GV(CO) RVL 27.04.2011 https://hcservices.ecourts.gov.in/hcservices/