Appellant Granted Liberty to Appeal Original Order without Report, Timeframe Emphasized

The Writ Court granted the appellant liberty to file an appeal against the original order, directing the appellate authority to decide the appeal without relying on the Chemical Examiner's report. The court emphasized the appeal should be filed within a specified timeframe, and the limitation period should not be enforced due to the early filing of the writ petition. The court rejected the appellant's request to set aside the original order, noting the main grievance was the lack of opportunity for cross-examination. The department did not challenge the exclusion of the report, and the court upheld the decision to exclude it. The appeal was dismissed with no costs, and the appellant was given two weeks to file the appeal before the appellate authority.

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Issues:
Challenge to order directing filing of appeal without limitation period and cross-examination of Chemical Examiner's report.

Analysis:
The appeal challenged an order directing the appellant to file an appeal before the appellate authority against an original order passed by the Commissioner of Central Excise. The Writ Court instructed the appellate authority to entertain the appeal without insisting on the limitation period due to the appellant's early approach to the court. The appellant sought to quash the original order and requested permission to cross-examine the Chemical Examiner. The appellant argued that denial of cross-examination violated natural justice principles, citing a relevant case law. The respondent contended that the report was considered at the appellant's instance and the order could stand even without it. The respondent also pointed out the failure to exhaust the statutory remedy of appeal before filing the writ petition.

The Writ Court granted the appellant the liberty to file an appeal against the original order, directing the appellate authority to decide the appeal without relying on the Chemical Examiner's report. The court emphasized that the appeal should be filed within a specified timeframe and the limitation period should not be enforced due to the early filing of the writ petition. The court rejected the appellant's request to set aside the original order, noting that the main grievance was the lack of opportunity for cross-examination. The appellate authority was instructed not to consider the Chemical Examiner's report.

The department did not challenge the exclusion of the report, arguing that the original order could stand without it. The court found that the appellant did not establish a case for interference, emphasizing the availability of the statutory appeal remedy within a specified timeframe. The court upheld the Writ Court's decision to exclude the report and grant time for filing the statutory appeal. The appeal was dismissed with no costs, and the appellant was given two weeks to file the appeal before the appellate authority, which was directed to consider the observations made in the Writ Court's order.

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