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2016 (4) TMI 887 - MADRAS HIGH COURT

2016 (4) TMI 887 - MADRAS HIGH COURT - TMI - Seeking direction to cross-examine the Chemical examiner - Violation of principles of natural justice - Held that:- as per submission of respondent that Chemical Examiner's report can be eschewed or ignored by the appellate authority, while deciding the appeal, to be filed by the petitioner, I am of the view that the petitioner is at liberty to file an appeal against the impugned order and also direct the appellate authority to decide the appeal, on m .....

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4-Cx.Adjn by the respondent and quash the same and further direct the respondent to permit the petitioner to cross-examine the Chemical Examiner, whose report has been relied upon in the impugned order dated 01.09.2015. 2. The learned counsel for the petitioner contended that the respondent should have given an opportunity to cross examine the Chemical Examiner, who had given a report, stating that the product is not a Fertilizer. The learned counsel also submitted that in view of the judgement .....

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that Chemical Examiner's report was taken into consideration only at the instance of the petitioner and that the respondent had not taken the same on his own for consideration. The learned Standing Counsel also submitted that even without the Chemical Examiner's report, the respondent had come to a definite conclusion that the product is not a Fertilizer. The learned Standing Counsel relied upon paragraph 6.6 of the impugned order to submit that the respondent had come to the said concl .....

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