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2019 (7) TMI 1087 - HC - CustomsPrinciples of Natural Justice - petitioner was denied of an opportunity to cross examine the witnesses from whom statements have been recorded by the authority - existence or not of conspiracy agreement with certain named and unknown persons for the purpose of procuring smuggled gold - HELD THAT:- The Court in case of DEEPAK KUMAR VERSUS THE PRINCIPAL COMMISSIONER OF CUSTOMS [2017 (7) TMI 882 - MADRAS HIGH COURT] had come to the conclusion that there was no violation of principles of natural justice, since the petitioner therein had not challenged the denial of the request to cross examine and in case when the request for such cross examination has been rejected, then it is for the next fact finding authority to go into the same as to whether such denial is justifiable or not. In the instant case, when the petitioner has sought for a request to cross examine, the same came to be denied. Thereafter, the petitioner had also raised this before the Appellate Authority, which was also rejected for the reasons already discussed. As such, the facts involved in the aforesaid case is totally in contra to the issue in the present writ petition and thereby the proposition laid down therein, may not be applicable to the present case. - this Court is of the affirmed view that the petitioner can be granted an opportunity to cross examine the three witnesses viz., Maheswaran, Dhamodharan, Abdul Azeez, which exercise should be completed within a stipulated time. Petition allowed by way of remand.
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