Right to cross-examine material witnesses vitiated the adjudication, leading to remand for fresh disposal.

Denial of cross-examination of the panchnama witnesses and the jewellery appraiser, whose evidence formed the basis of the alleged contravention, was treated as a failure of justice because such material witnesses could not be safely relied upon without that opportunity. The appellant was not required to justify in advance why cross-examination was sought or how it would be used, and the refusal prejudiced the defence. The adjudication was therefore vitiated and the matter remanded for fresh disposal after affording cross-examination of the relevant witnesses.

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Issues: Whether the appellant was entitled to cross-examine the panchnama witnesses and the jewellery appraiser whose evidence was relied upon to establish contravention, and whether denial of that opportunity vitiated the adjudication and warranted remand.

Analysis: The evidence of the panchnama witnesses and the jewellery appraiser formed the basis of the alleged contravention. The right to cross-examine such material witnesses was treated as inherent, and the appellant was not required to justify in advance why cross-examination was sought or how it would be used. Since the witnesses were not offered for cross-examination, their evidence could not be safely relied upon, and the appellant was prejudiced in his defence. This amounted to a failure of justice.

Conclusion: Denial of cross-examination vitiated the adjudication, and the matter was remanded for fresh disposal after affording the appellant an opportunity to cross-examine the relevant witnesses.

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