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2017 (11) TMI 1012 - HC - CustomsPrinciples of natural justice - petitioners were denied a right of cross-examination of the witnesses of the prosecution by the customs authorities - Held that: - Although the petitioners have statutory alternative remedy, the petitioners have chosen to apply under Article 226 of the Constitution of India impugning the order-in-original. Existence of a statutory alternative remedy is not a complete bar to the maintainability of a writ petition. Despite existence of a statutory alternative remedy, the writ petition is maintainable if it is demonstrated that the impugned order suffers from jurisdictional error or has been passed in breach of principles of natural justice or is vitiated by bias or malice or is perverse - The petitioner was denied an opportunity to cross-examine the witnesses - the impugned order suffers from breach of principles of natural justice - petition allowed - decided in favor of petitioner.
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