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2013 (11) TMI 535 - HC - Central ExciseRight to cross examine - Whether the petitioners are entitled to cross-examine of the witnesses or not – Held that:- Even if the petitioners had never submitted any explanation to the show cause notices, the conduct of an enquiry becomes necessary and the cross-examination of the officers, who are authors of the statements, crystalizes into a right for the petitioners - cross examination allowed. Retraction from an early statement would normally occur only during the course of the enquiry - In the course of the enquiry, witnesses have not been examined so far - The purpose of cross-examination is only to disprove the statements given by the witnesses - If the witnesses had already retracted from their original statements, the petitioners would have been well advised not to ask for cross-examination at all - only those persons whose statements or whose documents or whose reports are relied upon will be made available for cross-examination – Decided in favour of Petitioner.
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