Ex parte adjudication and disputed sample identity led to remand for fresh hearing and de novo decision

An ex parte adjudication was set aside because the appellants had not received an effective hearing and material factual disputes remained unresolved. The order noted grievances over notice, legible copies of annexures, and the chance to contest the Chemical Examiner's reports, as well as uncertainty about the identity of the samples. Because these issues required examination on the record and fair opportunity to respond, the matter was remanded for de novo adjudication before the original authority, with directions to hear the parties and pass a speaking order.

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Issues: Whether the ex parte adjudication, made without effective opportunity of hearing and without adequate examination of the disputed factual questions regarding the Chemical Examiner's reports and the identity of the samples, should be set aside and the matter remanded for fresh adjudication.

Analysis: The order records that the appellants had not been effectively heard before the original authority and that there were grievances regarding notice, supply of legible annexures, and the opportunity to contest the laboratory reports. The dispute also involved factual questions concerning the identity of the samples and the basis of the Chemical Examiner's reports, which required consideration on the record. In these circumstances, the absence of prior opportunity before the adjudicating authority warranted fresh determination after hearing the applicants.

Conclusion: The matter was remanded to the Commissioner for de novo adjudication after granting the appellants an opportunity of hearing, and the impugned orders were set aside.

Final Conclusion: The adjudication was reopened for fresh decision on merits by the original authority, with a direction to pass a speaking order after hearing the parties.

Ratio Decidendi: Where an adjudication is shown to be effectively ex parte and material factual disputes remain unexamined, the proper course is to set aside the order and remand the matter for de novo adjudication after granting a fair hearing.

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