Cross-examination in provisional attachment proceedings is not automatic; it depends on facts, prejudice, and natural justice.

Cross-examination in provisional attachment proceedings under the Prevention of Money Laundering Act is not an absolute entitlement. The Adjudicating Authority is guided by natural justice and may regulate its own procedure, but Regulation 21 does not create a blanket right to cross-examine every witness whose statements are relied upon. Because such proceedings are summary in nature, cross-examination depends on the facts, the nature of the proceeding, and whether denial causes prejudice. Where relied-upon material is supplied and the affected party has an opportunity to respond, refusal of cross-examination may be justified.

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Issues: Whether the appellant was entitled, as a matter of right, to cross-examine persons whose statements were relied upon in provisional attachment proceedings under the Prevention of Money Laundering Act, 2002.

Analysis: The Adjudicating Authority is not bound by the Code of Civil Procedure but is guided by natural justice and may regulate its own procedure. Regulation 21 enables summoning and examination of witnesses through commission, but it does not confer an automatic right to cross-examination in every case. Cross-examination is a facet of natural justice, yet its availability depends on the facts, the nature of the proceedings, and whether denial causes prejudice. Provisional attachment proceedings are summary in nature and are intended to protect property pending trial. The appellant had been supplied the relied upon material and had an opportunity to meet it, but did not furnish a cogent explanation before seeking cross-examination of witnesses who had not been examined before the Adjudicating Authority. In such circumstances, no enforceable right to cross-examine was made out.

Conclusion: The request for cross-examination was rightly refused and the impugned order did not call for interference.

Ratio Decidendi: In provisional attachment proceedings under the Prevention of Money Laundering Act, 2002, cross-examination is not an absolute right and may be allowed only where the facts and prejudice shown justify it.

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