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2017 (11) TMI 2011 - HC - CustomsClandestine diversion of AGU for industrial use or not - grant of personal hearing - examination/cross-examination of relevant witnesses, allowed or not - permission to petitioner to adduce further evidence - HELD THAT:- Material on record suggests that the adjudicating authority referred to and relied upon the statements of various witnesses to prove the allegations against the noticees. While filing reply to the show cause notices, the petitioners applied for cross-examination of such witnesses citing reasons. The adjudicating authority did not dispose of such a request but proceeded further with the hearing of the show cause notices. In the final order of adjudication, he dealt with such a request rejecting it primarily on the grounds that the cross-examination of investigating officers of the department is not necessary. The petitioners having made confessional statements crossexamination of other witnesses would not be necessary. Even counsel for the department could not build a case that the adjudicating authority had placed no reliance on the statements of the witnesses whose cross-examination the petitioners wanted but the adjudicating denied. That being the position, it was necessary that the petitioners be allowed cross-examination of such witnesses at least on sample basis. It is not possible for us to segregate the nature of evidence on record and come to the conclusion that even in absence of the statements of these witnesses, the findings of the adjudicating authority can be salvaged. The adjudicating authority not having undertaken any such exercise it would neither be possible nor appropriate on our part to do so. The impugned orders are vitiated on the ground of cross-examination of witnesses not being allowed though applied for and that adjudicating authority relying upon the statements of such witnesses in the final order of adjudication - Only on the ground of not permitting cross-examination of the members of panel, in the opinion of the Court, did not vitiate the order of confiscation against the petitioner. Proceedings are remanded to the adjudicating authority for fresh consideration and disposal in accordance with law - petition allowed by way of remand.
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