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N.S. Mahesh Versus Commissioner of Customs, Cochin

2015 (11) TMI 1566 - KERALA HIGH COURT

Cross-examination of officers - Officers who assessed, audited and examined the impugned Bills of Entry - Officers who actually examined the goods and permitted clearance - cross-examination of a co-noticee - view given by respondent that why cross-e .....

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ion dismissed - decided against petitioner. - W.P. (C) No. 34057 of 2015 (F) - Dated:- 11-11-2015 - A.K. Jayasankaran Nambiar, J. Smt. P.V. Rema, Advocate, for the Petitioner. Shri John Varghese and Thomas Mathew Nellimoottil, SCs, for the Respondent .....

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that was issued to him under Section 28 of the Customs Act, 1962. It is seen from the averments in the writ petition that, on receipt of Ext.P1 show cause notice, the petitioner had made a request for cross-examination of all the Officers who assesse .....

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ade before the respondent, who proceeded to pass Ext.P5 order giving detailed reasons as to why he was of the view that a cross-examination of the persons sought for need not be granted to the petitioner. In Ext.P5, the respondent specifically deals .....

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investigation and other evidences and not relied on statements of any officers who examined/audited/assessed the consignment. Moreover said officers have discharged these functions as part of their official duty, based on documents provided by the im .....

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lied along with the show cause notice. However if required, noticee No. 2 can obtain additional set of copies of documents from SIIB, under prior intimation to undersigned. Accordingly the request for cross-examining all officers who assessed/audited .....

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