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206 EXCISE LAW TIMES [ Vol. 372

2020 (372) E.L.T. 206 (Bom.)
IN THE HIGH COURT OF JUDICATURE OF BOMBAY AT GOA
M.S. Sonak and M.S. Jawalkar, JJ.
VEDANTA LIMITED
Versus
UNION OF INDIA
Writ Petition No. 1044 of 2019, decided on 13-2-2020
Adjudication - Reliance of DRI Alert Circular - Non-furnishing a copy
thereof - Natural justice - In view of Revenue’s averment that matter if re-
manded would be readjudicated on its merits, impugned order set aside, it
being violative of natural justice - Accepting petitioner’s request, Revenue di-
rected to furnish him a copy of aforesaid Alert Circular within 7 days - There-
after petitioner shall submit reply to Show Cause Notice within next seven
days and case would be adjudicated by Adjudicating Authority on its own
merits without being influenced by said circular - Section 122A of Customs
Act, 1962 - Article 226 of Constitution of India. [paras 7, 8, 9]
Petition disposed of
DEPARTMENTAL CLARIFICATION CITED
D.R.I. Alert Circular No. 02/2019, dated 15-4-2019 ......................................................[Paras 4, 6, 7, 8, 9, 10]
REPRESENTED BY : S/Shri Rafiq Dada with R.G. Ramani, Senior
Advocates, Gopal Mundhra and P. Kakodkar,
Advocates, for the Petitioner.
Ms. Asha Desai, Senior CGSC, for the Respondent.
[Judgment per : M.S. Sonak, J. (Oral) ]. - Heard Mr. Rafiq Dada, with
Mr. R.G. Ramani, Learned Senior Advocates, with Mr. Gopal Mundhra and Mr.
P. Kakodkar, Advocates for the Petitioner and Ms. Asha Desai, Learned Standing
Counsel for the Respondents.
2. Rule. Rule is made returnable forthwith, with the consent of and at
the request of the Learned Counsel for the parties.
3. The Petitioner, by instituting this Petition, seeks the following
reliefs :
“(a) This Hon’ble Court be pleased to issue a suitable Writ, order or di-
rection in the nature of certiorari or any other Writ, order or direc-
tions and call for the records of the Impugned Alert Circular
2/2009, dated 15-4-2019 issued by the Respondent No. 4 and after
going through the legality, validity and propriety of the Impugned
Alert Circular No. 02/2009, dated 15-4-2019, be pleased to quash the
same;
(b) This Hon’ble Court be pleased to issue a suitable Writ, order or di-
rection in the nature of certiorari or any other Writ, order or direc-
tions and call for the records of the Impugned letter bearing No. B-
222/SB-1425525-1548077/- appg./5429, dated 23-9-2019 issued by
the Respondent No. 2 and after going through the legality, validity

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