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2018 (10) TMI 1650 - HC - CustomsPrinciples of natural justice - cross-examination of witnesses not done whose statements have been relied on - Held that:- When the appellant has been called upon to answer to the accusation made against him, it is his right to defend himself reasonably at the earliest opportunity afforded to him, and it would in no way prejudice the Department or stall their inquiry if the prayer is allowed. Waiting till the adjudication process is over and then deciding upon whether any prejudice was caused to the appellant, on grounds of not affording an opportunity to cross-examine the witnesses, whose statements were relied on, would amount to an abuse, in so far as the alleged delinquent being absolved of the consequences merely for reason of a procedural error. In case if the appellant is permitted to cross-examine the witnesses at an earlier stage, it would only help the Department to arrive at a right conclusion as to whether the statements of those witnesses, who had withstood the rigor of being subjected to cross-examination, are to be relied upon in the adjudicating process against the appellant or not. It can never be premature because the statements are already in the file and in case the statements are against the appellant, implicating or accusing him, undoubtedly, it would be used against him. Such statements will definitely not be ignored by the Adjudicatory Authority. The respondents are given an opportunity to the appellant to cross-examine the witnesses, who have given statements against the appellant - appeal allowed.
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