Natural justice breach for denial of cross-examination led to setting aside the order and remand for fresh adjudication.

Denial of cross-examination of the chemical examiner, despite the adjudicating authority having sought clarification on the test report, was held to breach natural justice. As no clarification had been received before the order was passed, the determination was treated as procedurally unfair. Because the dispute involved a live consignment, fresh adjudication with cross-examination was considered necessary, and the impugned order was set aside with remand for a new decision.

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Issues: Whether the impugned order deserved to be set aside for denial of cross-examination of the chemical examiner and the matter remanded for fresh adjudication.

Analysis: The adjudicating authority had itself sought clarification from the chemical examiner on the test report, but no clarification was received before the impugned order was passed. In these circumstances, and since the appellant was not afforded cross-examination of the chemical examiner, the order was found to have been passed in breach of the principles of natural justice. As the dispute concerned a live consignment, fresh adjudication after allowing cross-examination was considered necessary.

Conclusion: The impugned order was set aside and the matter was remanded to the adjudicating authority for fresh decision after granting cross-examination of the chemical examiner.

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