2018 (9) TMI 1679

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....And Mr. Nilotpal Chowdhury, Adv. For The Respondent : Mr. Kaushik Dey, Adv And Mr. K.K. Maiti, Adv. Ms. Sanjukta Gupta, Adv. for Customs & central Excise. ORDER The Court:-An order in original dated May 31, 1018 is under challenge in the present writ petition. Learned Advocate for the petitioner submits that, impugned order stands vitiated by breach of the principles of natural justice....

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....itness nor was the request for cross-examination dealt with by the impugned order. Learned Advocate appearing for the respondents submits, the petitioner did not indicate the reason as to why the cross-examination was required. Moreover, the petitioner was acting jointly with some other persons. In an adjudication proceeding which is adversarial in nature, a party adducing evidence through a....

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....s. When, a contesting party in adversarial litigation adduced evidence through a natural person, it results in a corresponding right to the opposite party in such adversarial proceeding to crossexamine such natural person. In absence of such cross-examination being allowed or facilitated the evidence given by such natural person has no evidentiary value and cannot relied upon. The adjudicating aut....