TMI Blog2018 (9) TMI 1708X X X X Extracts X X X X X X X X Extracts X X X X ..... s writing dated April 25, 2018 and the petitioners admittedly not being granted such opportunity, the impugned order stands vitiated by reason of breach of the principles of natural justice - impugned order is quashed. - W.P. 409 of 2018 - - - Dated:- 28-8-2018 - Debangsu Basak, J. Mr. Arijit Chakraborty, Adv. Mr. Prasanta Bishal, Adv. Mr. Tapan Bhanja, Adv. For the Petitioners Mr. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Court to the recording in the impugned order in original and submits that, the request for crossexamination was not dealt with in the impugned order. Consequently, the right of cross-examination being denied, he submits that, the proceedings stand vitiated by breach of the principles of natural justice. The impugned order should, therefore, be quashed. Learned Advocate appearing for the Cus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inder Kapoor in the proceedings. The petitioners by a writing dated April 25, 2018 wanted to cross-examine such person. The petitioners also wanted to crossexamine one Tapan Ghosh, who is one of the prosecution witnesses. The request for cross-examination was, however, not considered by the adjudicating authority as appearing from the impugned order. The adjudicating authority does not deal wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... granted such opportunity, in my view, the impugned order stands vitiated by reason of breach of the principles of natural justice. The impugned order is, therefore, quashed. This order will not prevent the adjudicating authority to proceed afresh from the stage reached on April 25, 2018 or from such stage that it deemed appropriate. It is expected that, the adjudicating authority will keep the req ..... X X X X Extracts X X X X X X X X Extracts X X X X
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