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2018 (4) TMI 1541 - HC - CustomsPrinciples of Natural Justice - cross-examination - whether the petitioner is entitled as of right to cross-examine the DRI officials and panchas even if they have not been led as witnesses by the Revenue? - Held that: - if the Revenue has led the evidence of any DRI officer or pancha witness, the petitioner will be entitled to cross-examine that witness and this opportunity cannot be denied on the ground that it is “unnecessary”. The petitioner may also be make out the sufficient cause to interpose the cross-examination of a DRI official or pancha (whose evidence was led by the Revenue) before resuming the cross-examination of the witness Sahu. Finally, there is a question of documents and materials seized by the DRI during his search and seizure operation. If DRI intends to rely on any of these documents, the petitioner and his counsel are entitled to inspection of all these materials and to use them in a manner permissible in law during the cross-examination or arguments. Petition disposed off.
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