TMI Blog2018 (2) TMI 333X X X X Extracts X X X X X X X X Extracts X X X X ..... ted with the documents in question. According to the petitioner, the documents do not implicate or establish any offence on the part of the petitioner. The documents referred to by the petitioner are not documents that have been created or initiated by the investigating officer or the complainant; the documents have been found during the search and seizure operations conducted by the concerned officers. In the circumstances, this Court is not persuaded to accept that there is any ground to permit cross-examination as sought for by the petitioner. Similarly, there is also no ground to permit cross-examination of signatories to the Panchnama and the Panch witnesses either. In the facts of the present case, it is apparent that the case s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equest for cross-examination, reads as under:- I find that the grounds mentioned by the noticees no. 1, 2 3 for cross-examination pertain to substantive nature of transactions as revealed during the course of investigation and all these transactions are based on documents seized during various search operations as mentioned in the complaint. Merits and demerits of the allegations contained in the SCN/Complaint and replies filled by noticees are duly taken into account at the stage of Adjudicating Proceedings, besides providing adequate opportunities to the noticees for making oral and written arguments/submissions during the course of personal hearings. Therefore, the request of the noticees to seek the cross-examination is requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner as well as other noticees, inter alia, calling upon them to show cause as to why adjudication proceedings as contemplated under Section 16 of FEMA not be held against them. 7. It is the petitioner s case that there is no evidence or any material on record, which implicates the petitioner in any manner. A plain reading of the application filed by the petitioner seeking cross-examination of certain individuals named above also indicates that the petitioner had reiterated its contention that the material or evidence on record does not substantiate the allegation made against him. At the outset, the petitioner had denied all the allegations made against him in the complaint filed against him. The only reason provided by the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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