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2018 (2) TMI 2029 - HC - CustomsMaintainability of petition - alternative remedy of appeal - right to cross-examine the makers of statements which are heavily relied upon - Smuggling - foreign origin gold bars - vehicle Nissan Micra Car - penalty - infringement of principles of natural justice or not - HELD THAT:- No doubt, there is lapse on the part of the first respondent in not passing an order negativing the request of the petitioner as and when it was made. If a request for cross examination of witnesses or supply of certain document is made, the authority is obliged to dispose of the said request then and there. If a request for adjournment is made again it will have to be dealt with then and there. It is not proper on the part of the authority to receive applications making such a request and dispose them of while passing the final order. The order rejecting the request made in the application forms an internal part of the final order. Such an approach is to be frowned upon. But, on this score this Court does not propose to interfere in the matter. In the light of the decisions rendered by the Hon'ble Delhi High Court in SUDHIR SHARMA, RN. ZUTSHI, AJAY YADAV, YASH PAL, VK. KHURANA, TRK. REDDY, PRADEEP RANA, ANIL MADAN VERSUS THE COMMISSIONER OF CUSTOMS, UNION OF INDIA AND ANOTHER [2015 (3) TMI 820 - DELHI HIGH COURT], this Court is of the view that the petitioner has not made out a case that the adjudicating authority has violated the principles of natural justice. Only if the infringement of the principles of natural justice is categorically demonstrated, this Court would be justified in permitting the petitioner to bye-pass the statutory remedy available to him. In as much as the petitioner has not made out a case of infringement of principles of natural justice by the first respondent, this Court is of the view that the writ petitioner can rather workout his remedies in terms of the statutory scheme laid down in the Customs Act, 1962. This Court is of the view that since the petitioner has been relegated to availing the alternate remedy of appeal, there is no necessity to examine if the impugned order is resting on materials other than the statements of the said co-notices - The petitioner is at liberty to file an appeal before the appellate authority - petition dismissed.
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