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2017 (11) TMI 1012
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....tioners were denied a right of cross-examination of the witnesses of the prosecution by the customs authorities. The request for cross-examination was turned down. He refers to paragraph 35.2 of the decision impugned where the request for cross-examination has been dealt with by the authority. He submits that, the authority had proceeded on the basis of five reported judgments and has held that the right of cross-examination is not a part of general principles of natural justice and that cross-examination may not be allowed whenever asked for. He submits that, the authority has misconstrued and misapplied the decision noted in the paragraph under reference. He refers to the decisions individually and submits that, the facts scenario obtaini....
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....adjudicating authority is guilty of breach of principles of natural justice in denying the right of cross-examination of the prosecution witnesses in the adjudication proceeding. 8. It appears from the impugned order and particularly paragraph 35 therein that, the petitioners had applied for cross-examination of the prosecution witnesses. The adjudicating authority proceeds to negate the request for cross-examination on the basis that he need not be converted as a regular Court of law hearing formal cross-examination and applying the Evidence Act and the Civil and Criminal Procedure Codes on the strength of five decisions noted therein. 9. The first decision referred to in the impugned order is AIR 1967 Cal 80 (Kishanlal Aga....