OFFICE OF THE COMMISSIONER OF CUSTOMS (IMPORT)

     NEW CUSTOM HOUSE, BALLARD ESTATE, MUMBAI-400 001.

F.No:COO-28/IMPORT/LEGAL/2009                                          Date:  19.08.2009.

STANDING ORDER NO. 15/2009

Sub: Non availability of files of Appeal / Writ Petition as well as

                     Non –Assigning of Department cases in the proceedings in

                     Hon’ble High Court of Bombay in Pending cases – Reg.

It has been brought to the notice of the Department by the Departmental Standing Counsels that the Bench of Hon’ble Justice F.I. Rebello and Hon’ble Justice D.G. Karnik have been hearing cases of 1980’s to 1990’s.  It has been observed by the Hon’ble Bench that Department have not assigned majority of the old cases to the Counsels and also in some of the cases, files of Departments are not available and Counsel is without files. The Hon’ble Bench in some of the cases dismissed the Appeals / Writ Petitions of the Department for Non-Prosecution and in few cases Panel Counsel(s) have appeared at the instructions of the Hon’ble High Court after obtaining copies of Appeal / Writ Petition from the Counsel of other side.

            With a view to ensure that all the old cases are assigned and attended to by the Appraising Groups / Sections of Commissionerate of Customs (Import) and are hereby instructed to update all court case files including the cases of 1980’s and 1990’s.  It has been observed that in all old cases and even in a few new Appeals and Writ Petitions the Counsels from the approved panel have not yet been appointed.  Therefore, in such cases the Appraising Groups / Sections should take immediate steps to put up the file to the Commissioner of Customs (General) to get the Panel Counsel appointed. The existing practice for appointing Standing / Panel Counsel by the Appraising Groups / Sections shall continue.  A chart as per Annexure-I (proforma enclosed) is to be prepared and submitted to the Joint Commissioner (Legal) by 31.08.2009 positively so that the Legal Cell (Import) is also aware of the action taken by the Appraising Groups / Sections, in respect of appointment of panel counsel for each of the pending cases.

 The Hon’ble High Court Bench has also observed that the Departmental Counsels are taking un-necessary adjournments on the ground that they have not been properly briefed about the cases by the concerned Appraising Groups/Sections.   The Dy. /Asstt. Commissioner or the Appraising Officer of the Appraising Groups/Sections shall brief the Departmental Counsel and attend the Court hearings. The officer shall also report the outcome of the visit to the Legal Cell (Import).   This is to ensure that the Legal Cell of Import Section will be independently monitoring all the cases of the Import Commissionerate and function of Dedicated Legal Cell is not to be disturbed or interfered with.   Dy./Asstt. Commissioner of the Appraising Groups / Sections shall ensure that there is no laxity on the part of the Department in pursuing the Court Cases.  

 It is also observed that some Appraising Groups / Sections are not aware of the date of hearing. Therefore, the concerned Appraising Groups / Sections should assign one Nodal Officer who will be regularly in contact with the Legal Counsel and Legal Cell (Import) for the due dates of hearing in the High Court Cases. The Nodal Officer will also be checking the cause list on the Internet site of the Bombay High Court i.e. www.bombayhighcourt.nic.in.

Each Group should ensure that the Appeals and Writ Petitions of the Department are not dismissed for non-prosecution / no-representation and further they should also ensure that the legible copy of Writ Petitions / Appeals related Statutory Provisions, Notifications, Circulars, Instructions, Standing Orders and incorporated Case Laws are provided to the concerned Counsels so that they can protect and defend the interest of Revenue effectively. 

Henceforth, the report prescribed in Annexure II (proforma enclosed) may be sent by 10^th of every month.

Any laxity noticed in following the aforesaid procedure shall be viewed seriously and responsibility shall be fixed if the Departmental case is lost on account of such lapse.

                                                                               Sd/-

                                                                        (S.H. HASAN)

                                                COMMISSIONER OF CUSTOMS (IMPORT)

                                                                            MUMBAI

Copy to:

1.                  All the Commissioner of Customs, Mumbai Zone – I.

2.                  All the Addl/Jt Commissioner of Customs, Mumbai Zone-I.

3.                  All the D.C. / A.C. of Appraising Groups / Sections.

4.                  Office Copy.