Supreme Court of India · 2011-02-18
Commr. Of Customs vs Sayed Ali & Anr
- Court
- Supreme Court of India
- Petitioner
- Commr. Of Customs
- Respondent
- Sayed Ali & Anr
- Author
- D.K. Jain
- Bench
- H.L. Dattu, D.K. Jain
Judgment text excerpt
The Supreme Court addressed the jurisdiction of the Commissioner of Customs (Preventive) under Section 28 of the Customs Act, 1962, determining that the Commissioner was not a 'proper officer' as defined in Section 2(34) of the Act, and thus lacked authority to issue the show cause notice. The Court upheld the CEGAT's ruling that the show cause notice was invalid due to jurisdictional issues, emphasizing the necessity of proper authority in customs proceedings. Consequently, the appeals were dismissed, affirming the lower tribunal's decision.