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2016 (4) TMI 1074 - HC - Central ExciseSeeking cross-examination of certain witnesses - Petitioner submitted that show cause notice is based on several statements of witnesses including those of the experts and any reliance on such statements without offering such witnesses for cross examination would be opposed to the principles of natural justice. Held that:- the reasons cited by the adjudicating authority are completely baseless. Merely because, the concerned witnesses have not retracted their statements would not be a ground to deny cross examination. In fact, this reason does not even take care of the evidence of the expert witnesses. Further what material can the petitioner bring on record through cross-examination if so allowed, is simply not germane to the question of granting or not granting cross examination. The adjudicating authority entered into an arena of presumption while refusing such request on such ground. Having said that, the stand of the petitioners that such cross examination must be granted before the petitioners file final reply to the show cause notice cannot be accepted. The question of offering cross examination of the witnesses whose statements have been recorded by the Department during preliminary inquiry and which statements are sought to be relied upon, would arise during the adjudication proceedings. The correct stage for granting such cross examination would be when the adjudicating authority records the evidence which can start only after the petitioners file their reply. No statutory provisions are pointed out to us in support of the petitioners insistence of cross-examination of witnesses being granted before filing the defence reply. Therefore, it is directed that the petitioners shall file final reply if so desired, latest by 29th February, 2016, upon which, the adjudicating authority shall during the course of the adjudication proceedings, grant cross examination of the witnesses whose statements or reports are sought to be relied upon in the show cause notice and for which the petitioners have made request to the adjudicating authority. - Petition disposed of
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