TMI Blog2016 (4) TMI 1074X X X X Extracts X X X X X X X X Extracts X X X X ..... expert witnesses. Further what material can the petitioner bring on record through cross-examination if so allowed, is simply not germane to the question of granting or not granting cross examination. The adjudicating authority entered into an arena of presumption while refusing such request on such ground. Having said that, the stand of the petitioners that such cross examination must be granted before the petitioners file final reply to the show cause notice cannot be accepted. The question of offering cross examination of the witnesses whose statements have been recorded by the Department during preliminary inquiry and which statements are sought to be relied upon, would arise during the adjudication proceedings. The correct stage f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certain persons had been sought for. The adjudicating authority has analysed your request and has observed that the subject notice was not issued solely based on the statements of these persons. Allowing of cross-examination is absolute discretion of Adjudicating Authority upon analysing the facts and circumstances involved in the case. In judicial and quasi- judicial proceedings, statements of concerned persons are recorded before the competent officer, which forms evidence in offences committed by them under those laws. However, such persons are given liberty to retract the statements with a reasonable time, if the statements are recorded under threat, duress, coercion etc. It is incumbent upon him to initiate the competent authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opposed the petition and submitted that cross-examination of witnesses is not a matter of right. For valid reasons, it is always open for the adjudicating authority to refuse to grant such permission since the adjudication proceedings are not legal proceedings before a Court of law. 4. It is not the case of the respondents that the adjudicating authority wishes to place no reliance on the statements of witnesses for whom the petitioners have sought cross examination. That being the case, the petitioners would have a right to cross examine such witnesses except in exceptional cases where the authority would, for proper reasons, be in a position to deny such liberty. This view has been adopted by various High Courts in the following judgm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms authority which are admissible in evidence stand valid. He also opined that, in the notice he has not specified the facts which may be brought before the adjudicating authority subsequent to cross examination of these witnesses if allowed. Both the reasons cited by the adjudicating authority are completely baseless. Merely because, the concerned witnesses have not retracted their statements would not be a ground to deny cross examination. In fact, this reason does not even take care of the evidence of the expert witnesses. Further what material can the petitioner bring on record through cross-examination if so allowed, is simply not germane to the question of granting or not granting cross examination. The adjudicating authority entered ..... X X X X Extracts X X X X X X X X Extracts X X X X
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