Home Case Index All Cases Customs Customs + HC Customs - 2017 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (2) TMI 1524 - HC - CustomsPrinciples of natural justice - rejection of prayer of the petitioner to cross-examine the Central Revenue Control Laboratory official on the aspect of nomenclature with regard to the raw material used in the manufacture of carbon black feedstock - HELD THAT:- Whenever there is violation of principles of natural justice, the remedy under Article 226 of the Constitution of India is not closed. In that view of the matter, even though the first order passed by the adjudicating authority has not been challenged, when the respondent authority has reiterated the same in the concluding part of the impugned order, it speaks to the fact that there is non-compliance of principles of natural justice and the petitioner has not been afforded opportunity to cross-examine to make his stand clear and to stand by his defence. Unless the same is brought on record by eliciting in cross examination, further argument, if any, raised, would be a futile exercise. The writ appeals are partly allowed.
|