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2018 (9) TMI 1679 - HC - CustomsPrinciples of natural justice - case of petitioner is that the petitioner was not afforded an opportunity to cross-examine the prosecution witness nor was the request for cross-examination dealt with by the impugned order - respondents submits that the petitioner did not indicate the reason as to why the cross-examination was required. Held that:- In an adjudication proceeding which is adversarial in nature, a party adducing evidence through a natural person is required to allow cross-examination of such natural person, to the other side - In the present case apparently the prosecution was relying upon evidence adduced by natural persons in the proceeding. The prosecution, therefore, ought to have allowed such persons to be cross-examined. When, a contesting party in adversarial litigation adduced evidence through a natural person, it results in a corresponding right to the opposite party in such adversarial proceeding to crossexamine such natural person. In absence of such cross-examination being allowed or facilitated the evidence given by such natural person has no evidentiary value and cannot relied upon - The adjudicating authority not having considered the request for grant of crossexamination of the prosecution witness, the impugned order stands vitiated by breach of the principles of natural justice. The impugned order is quashed.
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