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2008 (8) TMI 306 - AT - CustomsCross Examination of DRI officer - It is recorded in the adjudication order that the advocate requested for cross-examination of DRI officer and other persons. It is the grievance of the advocate before us that the adjudication authority has not recorded any findings on such request and nor did he decline the cross-examination on that date. Subsequently, when they received the order, they became aware of the cross-examination was being denied. Adjudicating authority could have declined the cross-examination by giving reasons for declining and proceeded ahead with the hearing, upon which the ld. Advocate could have argued the matter on merits. This particular point is not forthcoming in the order in original. In other words, there is a violation of principles of natural justice. It is a settled law that any order passed in violation of principles of natural justice is not sustainable. Accordingly, the impugned order is set aside and the matter is remanded back to the adjudicating authority to reconsider the matter afresh.
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