TMI Blog2017 (1) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, in my view, the facts of the present case would require opportunities to the petitioners to cross-examine those three persons, in the event the respondent proposes to rely upon their statements. If the respondent does not propose to rely upon those statements while adjudicating the show cause notices, then the question of affording an opportunity of cross-examination would not arise - opportunity to cross examine provided - petition allowed - matter on remand. - W.P. Nos. 23984-23986 of 2015 & M.P. Nos. 1 to 1 of 2015 - - - Dated:- 27-6-2016 - T.S. Sivagnanam, J. Shri S. Murugappan, Counsel, for the Petitioner. Shri K. Mohana Murali, Central Government Standing Counsel, for the Respondent. ORDER [Order (Common ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re issued to the petitioner in W.P. No. 23984 of 2015, in the capacity of the Managing Director of the Company and to the petitioners in W.P. Nos. 23985 and 23986 of 2015, who are employees of the said Company, calling upon them to show cause as to why penalty should not be imposed and the show cause notices were answerable to the respondent. On receipt of the show cause notices, the petitioners requested permission to cross-examine the aforementioned three persons, from whom statements have been recorded by the DRI. However, by letter dated 7-7-2015, the respondent intimated that the petitioners have not specified the point in respect of which, they wanted cross-examination of those three persons and it was further stated that the statemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the questions was, if the person giving information is not allowed for cross-examination, whether it can be termed that the principles of natural justice is violated . The Hon ble Supreme Court after examining the factual position, held that in the show cause notice issued to the appellant therein, all the materials on which the Customs Authorities have relied were set out and it was then for the appellant to give a suitable explanation and the complaint over the statement should have been recorded in the presence of the appellant or should be allowed to be cross-examined by them on the statements made before the Customs Authorities, is not necessary and it would not amount to violation of principles of natural justice, if such opportunity ..... X X X X Extracts X X X X X X X X Extracts X X X X
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