2018 (12) TMI 1957

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...., the car bearing Reg.No.TN 47 AD 7027 driven by two persons namely  M. Karthikeyan and A. Sheikh Fareed of Karur was intercepted at Thambi Kottai near Pattukottai and they were found in possession of smuggled gold bars. They were arrested and their statements were also obtained. It is relevant to note here that before this, the arrestees did not implicate the writ petitioner. However, based on the inputs made available by them, one Siddique Gani and Mohammed Ibrahim were arrested later. 2. According to the respondents, the role played by the writ petitioner came to light based on the statements given by Siddique Gani and Mohammad Ibrahim. That is why the show cause notice dated 08.09.2017 came to be issued against the writ petition....

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....earned senior counsel appearing for the writ petitioner and Mr. R. Aravindhan, learned standing counsel representing the respondent and perused the materials placed before this Court. 6. The learned senior counsel appearing for the petitioner pointed out that though the order rejecting the writ petitioner's request for cross examination is styled as a speaking order, it is virtually a non-speaking order. He took me through the entire text of the said order. Apart from listing out a number of case laws, there is absolutely no discussion of the factual matrix and whether the request for cross examination of the said two persons is available. He, therefore, contended that the said order has to be set aside. As a direct consequence of se....

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....r counsel placed reliance on the decisions of the Hon'ble Supreme Court reported in 1996 2 SCC 471 in the matter of Director of Enforcement vs M.C.T.M. Corporation Pvt Ltd and others. No doubt, those proceedings pertain to Foreign Exchange Regulations Act, 1947. But then, the principle laid down in the said decision can be applied with equal force even to proceedings arising under the Customs Act of 1962. This aspect of the matter was not argued before me when I disposed of W.P.(MD) No.863 of 2018. 9. A mere look at the order dated 20.02.2018 rejecting the writ petitioner's request for cross examination starts and ends by describing Siddique Gani and Mohammed Ibrahim as co-accused. The opening line reads as "With respect to the r....