1993 (5) TMI 78

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.... [Order per : R. Jayaraman, Member (T)]. - Though this day only the stay applications are listed for hearing, after hearing both the sides, we are constrained to disposed of the appeals on a short ground (we are doing the second time). 2. All these appeals are directed against the Order-in-Original No. SG/INF-133/87(S/10-6/PMP/90SIIB) dated 24-2-1992 passed by the Collector of Customs (Judic....

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....rein the applicants/appellants have requested for cross-examination of certain witnesses particularly Mr. Parekh, the Director of M/s. Tejprabha Textile Mills, whose testimony is sought to be relied upon. The Collector, however, has dismissed this request stating that no useful purpose would be served by permitting the cross-examination of the persons named by the Counsel for the appellants and he....

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....owing cross-examination. 5. After hearing both the sides, we would like to extract the relevant portion of the order of the Collector recorded under para 33 of the said order :- "33. At the outset Dr. Kantawala stated that he had asked for cross-examination of certain persons vide his letter dated 1st February, 1992 but that he was informed by AC/SIIB vide letter dated 5th February 1992 that....

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....the testimony of the persons. We no doubt appreciate that cross-examination cannot be demanded as a matter of right in the adjudication proceedings, but when certain statements are sought to be relied upon essentially, fair opportunity of examining those witnesses should be given and only in that view, in our earlier order, we directed the adjudicating authority to consider the request for cross-e....