ORDER
U.L. Bhat, J. (President)
1. Order dated 7.2.1995 passed by the Collector of Customs (Preventive), Bombay is under challenge in this appeal.
2. M/s. Pie Medical Pvt. Ltd., Bombay imported a consignment of Ultrasound Scanner model SC 400 of Holland origin and cleared the goods on payment of duty on the declared value and under OGL. The importer sold the goods to the present appellant. Subsequently, the Preventive Wing seized the equipment from the appellant. Show cause notice was issued alleging misdeclaration of value and other offences and proposing demand of differential duty on the basis of correct value, confiscation of the goods and imposition of penalty. Ultimately, the Collector passed the impugned order confirming all the proposals in the show cause notice. He refrained from imposing penalty on the appellant, though he imposed penalty on the original importer.
3. The show cause notice placed reliance on statements recorded during investigation as well as certain documents. Nevertheless, copies of the documents did not accompany the show cause notice. The appellant wrote two letters to the Collector requesting supply of copies of these records, but that was not done. Nevertheless, the Collector proceeded to pass an order, though the appellant was not in a position to submit reply to the show cause notice on account of non-availability of copies of documents.
4. The above circumstances would clearly show that the order deserves to be set aside, as there was gross violation of principles of natural justice. We set aside the impugned order and remand the case to the jurisdictional adjudicating authority with direction to furnish to the appellant copies of the statements and documents relied on in the show cause notice and to grant opportunity to the appellant of submitting reply to the show cause notice and of personal hearing. The appeal is allowed.
Pronounced and dictated in the open court.