2013 (3) TMI 93

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....on is filed praying to issue a Writ of Certiorari, calling for the entire records pertaining to order No. SDE (PKD)/IV/5/2009 dated 31.03.2009 on the file of first respondent and quash the same as illegal and consequently direct the first respondent to conduct fresh enquiry.   2. Mr. M. Dhandapani, learned counsel appears for the respondent.   3. The only plea canvassed by the peti....

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....edings and Appeal) Rules 2009. But none appeared on the date of hearing. However, by letter dated 7.4.2008, Shri S.S.M. Buhari, advocate of M. Mohd. Haneefa, the petitioner herein filed a reply memorandum dated 11.7.2007 giving the details of the stand taken in opposition to the adjudication.   6. The statements recorded in paras 15 and 16 of the impugned order reads as follows:-   ....

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....ments dated 18.8.2004 and 19.8.2004 are not voluntary statements as the same were obtained from him by way of torture by the Enforcement Officer;   iii) That his client was taken to the Enforcement Directorate, Chennai on 18.8.2004 and he was kept under illegal custody of the Enforcement Officer for more than 48 hours and during this period the alleged statements were obtained from his cli....

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....nities were given to which the petitioner as well as his counsel did not respond and participate in the proceedings. Therefore, the authority had no other option except to pass final order. Hence, the plea of no opportunity given and there is a violation of principles of natural justice has to be rejected and is accordingly rejected.   8. In view of the above, as rightly pointed out by ....