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2018 (10) TMI 46 - HC - CustomsPrinciples of Natural Justice - cross-examination of witnesses not allowed - Held that:- Admittedly, the petitioner was not allowed to cross-examine the witness of the prosecution. According to the department, the request was made late and after the conclusion of the second date of hearing. According to the petitioner, even if that be so, the adjudicating authority was obliged to deal with the request for cross-examination in the impugned order - Principles of natural justice require the adjudicating authority to allow a respondent in a proceeding to cross-examine the witness produced by the prosecution. In the present case, a request was made by the petitioner before the adjudicating authority for cross-examining the witness of the prosecution. Such request was made on May 28, 2018 - Such request was received on such date at 4.20 p.m. The hearing was concluded before such request was made. However, the adjudicating authority did not deal with such request in the impugned order. The impugned order in original is set aside - the adjudicating authority will consider and decide the application dated May 28, 2018 made by the petitioner for grant of an opportunity to cross-examine the witness of the prosecution.
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