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2021 (12) TMI 969 - HC - CustomsPrinciples of natural justice - petitioners' request of cross-examination of certain witnesses refused - reason for refusing the request by said communication was that the department had not recorded the statements of the persons mentioned in the petition - HELD THAT:- The legal trend is increasingly clear on the question of grant of cross-examination of the witnesses during departmental proceedings including under the statutes such as the Customs Act. If the department relies on any statement of a witness for its final conclusions, cross-examination must be granted. In other words, no part of statements of the witnesses can be relied upon without being tested through cross- examination if so demanded by the noticee. However, this court has always maintained a self-imposed discipline not to interfere with the departmental proceedings at an intermediary stage unless gross injustice or prejudice is demonstrated. As of now, the petitioners have merely received show cause notice, adjudication of which is yet to be done. Whether the department will rely upon the statements of the concerned witnesses in the final adjudication and if so to what extent cannot be foreseen - Petition disposed off.
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