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2011 (12) TMI 184 - GUJARAT HIGH COURTPrinciples of natural justice – Petitioners claimed to be manufacturer and purchaser of Pan Masala respectively - Department, held that the product is not classifiable as Pan Masala on the basis of the material collected including Chemical Examiner's report - Court vide order dated 28.4.2011 permitted cross examination of Chemical Examiner by petitioners - grievance of the petitioners is that instead of examining Chemical Examiner for cross-examination, the adjudicating authority only examined Assistant Chemical Examiner and further that necessary documents and records were not made available leading to violation of principles of natural justice – Held that:- It clearly emerges that the proceedings are still pending. Any grievance with respect to the conduct of the enquiry can as well be raised once the final order is passed. Whether principles of natural justice are violated or not and if so what would be the effect on the ultimate conclusions and the order of the adjudicating authority are issues not possible for us to contemplate upon at this interim stage. Therefore, keeping all rights and contentions of the petitioners open to be raised once the final order is passed.
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