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2021 (11) TMI 1171 - HC - CustomsPrinciples of natural justice - request for cross-examining the independent witnesses rejected - confiscation of seized goods - contraband item - HELD THAT:- The petitioner's request for cross-examining the independent witnesses was turned down by an order dated April 6, 2017 and, though the petitioner renewed the prayer to cross-examine the relevant witnesses in course of the personal hearing afforded by the Additional Commissioner of Customs, the decision to decline such opportunity was not challenged. Further, as the departmental and Tribunal orders indicate, the initial stand of the petitioner was not that the contraband was not recovered from the person of the petitioner. Whatever may have been the basis for finding against the petitioner and the award of the nominal penalty, the petitioner will be entitled to make a prayer in accordance with law to examine any witness, whose statement may be used against the petitioner in course of the criminal proceedings. It will also be open to the petitioner to question the veracity of the statement attributed to the petitioner in course the petitioner's appearance on August 22, 2016. The order impugned dated March 11, 2020 does not call for any interference since cogent grounds have been indicated therein upon relevant considerations having been taken into account - Petition disposed off.
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