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2022 (12) TMI 976 - AT - Money LaunderingCoram non-judice - Seeking stay of the proceeding till such time the coram of Adjudicating Authority, as stipulated under Rule 6 (2) of the Prevention of Money Laundering Act, 2002 is constituted - HELD THAT:- The perusal of the reasons given for cross examination and the questions would show that according to the appellant, most of the witnesses named above have not made any incriminating statement against it, yet the appellant prayed for cross examination of those witnesses. Few of them are even involved in alleged money laundering. The allegations are made mainly in reference to the documentary evidence collected by the Department yet ignored by the appellant. It is further a fact that the cross examination has been sought to prove that applicant had no communication for alleged transactions with M/s. DHFL involved in schedule offence rather appellant is not remotely connected with the offence of money laundering. Those common questions have been referred for majority of the witnesses ignoring the documentary evidence to prove it. The cross examination from the witnesses would be in reference to the documentary evidence for which an opportunity has been given to the appellant to contest the notice by filing reply and documents. The application to seek cross examination was filed even before filing reply to the notice along with the documents. It is otherwise a fact that Mr. Avinash Bhosale is connected with the appellant and an accused in the matter to be cross examined to espouse his own cause, cannot be permitted - the cross examination of witnesses sought by the appellant is for the sake of it and to delay the proceedings before the Adjudicating Authority. The principle of natural justice would apply when some real prejudice is going to be caused out of the action of one party. In the instant case, the appellant has failed to reflect as to what prejudice is going to cause to him if the cross examination of witness is not permitted. It is apart from the fact that the material on record shows that the allegations against the appellant are in reference to the documentary evidence which has not been refuted by the appellant by filing reply. Sufficient safeguard has been provided and looking to the nature of proceedings, cross examination cannot be permitted as a rule rather it can be as an exception. A case of exceptional nature is not made out herein. Thus, we do not find any reason to cause interference with the order of the Ld. Adjudicating Authority - Looking to the scope of attachment proceedings, cross examination can be permitted only as an exception and not as a rule, otherwise it may delay the proceedings, resulting in lapse of proceedings and causing serious consequences even against the accused, if they are forced to disclose their defence at a premature stage. Appeal dismissed.
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