The Delhi High Court in the case Kiran Juneja v. Union of India And Ors observed and has stated that the principles of natural justice are not the ‘mantras’ but they are the foundational precepts which are being concerned with fairness of procedure and the right of a person in order to respond to the allegations made.
The Division bench comprising of Justice Yashwant Varma and Justice Shailender Kaur in the case observed and has stated that whether the asserted violation of some facet of natural justice has tainted the procedure which is adopted by the respondent is an issue of fact and the same would ultimately guide courts in order to consider whether interference is warranted.
In the present case, the plea was moved before the court by one Kiran Juneja wherein challenging an order passed by the Additional Secretary in 2020 upholding the orders of confiscation of gold bars passed by the authorities.
The said order was challenged before the court on the ground of violation of principles of natural justice. Thus, it being the case of Juneja’s that the opportunity of hearing was only accorded to her on two occasions whereas the authorities were bound to grant her one further additional opportunity of hearing before the concerned Authority.
The bench in the case observed and has rejected the submissions made by Juneja’s that despite the having been given to her on two occasions, no one appeared on her behalf as a consequence of which the competent authority decided to proceed ex parte.
The court stated that this court do not find justification to interfere with the order impugned, while bearing in mind the aforesaid.
The court in the case observed and has also rejected the submissions made wherein certain other orders passed by Revisional authorities were relied upon which permitted the re-export of gold bars which were being carried by passengers of foreign origin.
The court while considering the facts and circumstances of the case stated that none of those orders deal with the Baggage Rules, 2016 which too would govern the issue of importation of gold.
The counsel, Advocates Mr. D.S. Chadha & Ms. Riya Sharma appeared for the Petitioner. The counsel, Advocates Mr. Vikrant N. Goyal & Mr. Nitin Chandra, Advs for R-1; Mr. Satish Aggarwala, Senior Standing Counsel along with Mr.Gagan Vaswani represented the Respondent 2 and Respondent 3.