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Supreme Court of India · body

1993 DIGILAW 26 (SC)

Hong Kong Polychem v. Collector of Customs

1993-01-08

R.M.SAHAI, S.C.AGRAWAL, S.RATNAVEL PANDIAN

body1993
JUDGMENT : 1. Special leave granted. 2. Mr. A.K. Ganguly, senior Advocate appearing for the appellants submits that the order passed by the first respondent on 19-4-1991 was an ex-parte order in which neither any show cause notice was issued nor any opportunity of personal hearing was given to the appellants, that the goods are non-perishable, that admittedly the goods were neither prohibited, banned or even restricted so far as the Import Law of India at the relevant time was concerned and that hence the goods in dispute could be disposed of after the disposal of the writ appeals and that there is no urgency to put the goods in auction. 3. After hearing the parties and perusing the records, we pass the following order : The impugned order of the High Court with regard to the disposal of the property is set aside. The High Court is requested to dispose of the writ appeals as expeditiously as possible according to law preferably within a period of two months, from the date of the receipt of this order. The disposal of the goods shall abide the decision of the writ appeals by the High Court. 4. The appeals are disposed of accordingly. There will be no order as to costs.