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248 EXCISE LAW TIMES [ Vol. 372

issued and adjudication proceedings have already begin - Thus petitioner’s
challenge for correction of methodology of adjudication, cannot be accepted at
all - No interference is called for in discretion of adjudication authority who is
expected to complete adjudication proceedings by following law, rules, regula-
tions and Government policy as well as judicial precedents as applicable to
facts of case - Notwithstanding, if any daily orders are passed, a copy of same
be supplied to petitioner if sought - Section 122A of Customs Act, 1962 - Arti-
cle 226 of Constitution of India. [paras 2, 3]
Writ jurisdiction - Methodology of Adjudication - No interference un-
der writ jurisdiction is called for in such cases as adjudicating authority is ex-
pected to follow laws as well as judicial precedents - Article 226 of Constitu-
tion of India. [para 3]
Petition disposed of
REPRESENTED BY : Shri Ramakant Gaur, Ms. Sneha Arya and
Ms. Amrita Joshi, Advocates, for the Petitioner.
S/Shri Amit Bansal & Satish Aggarwala, Sr. Stand-
ing Counsels with Ms. Vipasha Mishra, and Akshay
Saxena, Advocates, for the Respondent.
[Order per : D.N. Patel, CJ. (Oral)]. - W.P. (C) 13122/2019 : This writ peti-
tion has been preferred with the following prayers :
“A. To issue a writ of mandamus to direct the Respondent No. 1 to Call
for the Records of the adjudication proceedings and to supply copies of
the order sheets/records of the Personal Hearings and all the subsequent
proceedings including order dated 6-11-2019 to the Petitioner, pertaining
to the adjudication proceedings of the Show Cause Notice No. 41/2017
in F. No. DRI/DZU/34/Enq-14/2016, dated 29-8-2017 In Case No.
VIII/DLI/CUSTOM/PRV/ADJ/DRI/JC/Aameen/22/201, in ob-
servance of the Rules of Natural Justice and provisions of the Customs
Act, 1962;
B. To issue a writ of mandamus to direct the Respondent No. 2 to supply
the copies of the seized documents and digital data (phones and hard
discs of the computer devices as referred and relied in the Show Cause
Notice) including those seized on 16-9-2016 and 23-9-2016 from the busi-
ness premises of the petitioner in the captioned matter to the Petitioner,
and/or,
C. To issue a writ of certlorarified-mandamus to direct the Respondent
No. 1 to Call for the Records of the adjudication proceedings and to en-
sure the presence of witnesses; to continue and conduct the smooth Pro-
ceedings of the cross-examinations; and to culminate the proceedings ju-
diciously and expeditiously, and/or;
D. To issue a writ of mandamus to direct the Respondent No. 1 to pass a
speaking Adjudication Order after considering all the materials on rec-
ord, and/or;
E. Pass any other order which this Honorable Court may deem fit,
proper and just in the interest of justice.
F. Issue suitable directions, orders as are deemed necessary in the facts
and circumstances of the case.”
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