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2009 (12) TMI 260 - HC - Central ExciseNatural justice- a team of Central Excise Officers from Central Excise Commissionerate, Ghaziabad visited the factory premises of the petitioner and conducted the checking of the factory situate at Gautam Budh Nagar. In the search operation raw material and goods were found in short. Thereafter a show cause notice was issued and proceeding in consequence of the search operation is going on. The petitioner raised a grievance that the department should produce the witnesses who were responsible for making the weighment, as according to the goods were not weighted properly. Held that- we do not find that it is a fit case to interfere at this stage of the proceeding. If the department fails to produce material witnesses, an adverse inference as permissible under law would be drawn against it. It is the choice of the department to produce or not to produce the material witnesses. If the parties are not interested to produce a witness, the Court cannot compel it to produce. Law will take its own course. In view of above, we are not inclined to interfere at this stage of the proceedings and the writ petition is disposed of accordingly.
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