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2020 (3) TMI 1094

..... heck post - presumption of certain facts - Section 114(g) of the Indian Evidence Act - HELD THAT:- Pith and substance of the facts revealed, which are not being mentioned again in order to avoid repetition would reveal that the petitioner had been afforded an opportunity to crossexamine the witnesses. In case the other evidence which has been sought are not produced, the petitioner can always derive the benefits of provisions of Section 114(g) of the Indian Evidence Act. Provisions of Section 114(g) of the Indian Evidence Act enables the authority or the court to presume existence of certain facts. The petitioner can always take the benefit of such provisions at the relevant point of time by making submissions in an appropriate forum and co .....

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..... sted for the details of the vehicle number, date of reporting at check post, details of the owner of the vehicle, details of the driver of the vehicle etc. for enabling the petitioner to file objections. The learned counsel appearing on behalf of the petitioner submits that all the facts have been categorically stated in the reply dated 25th of April 2019, Ext.P2. 3rd respondent vide notice dated 15th May 2019, send a communication, supplying the petitioner with the details of the check post transactions transported in the name of the petitioner, Ext.P3. However, the 3rd respondent conveniently refrained from its responsibility to investigate on the matter, by stating that the consignors of the disputed transactions are outside the State of .....

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..... e Mr. Ayyappan (driver) and Mr. Shamsudheen (owner) and to cross examine check post officials. The petitioner reiterated the request to crossexamine the consignors. However, the 2nd respondent issued another notice intimating the personal hearing on 9th August 2019, Ext.P9. The 3rd respondent issued notice dated 15th November 2019, intimating the petitioner that the notice issued to Mr. Muhammed Hussain and Mr. Biju P.J was returned without receipt. The notice issued to Sanjay Traders, Bodinayakanur was not responded and granted the personal hearing on 2nd December 2019 vide communication, ibid, Ext.P11. 5. 3rd respondent also issued notices to the drivers/owners of the vehicles involved in the alleged interstate transactions. However, the .....

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..... at the opportunity to cross-examine the petitioner has been accorded whereas time and again in the written communication referred to above, request was made to summon the persons for effective cross-examination without noticing the gravity of the issues involved. Infact, the alleged transaction was the result of foul play involving the 3rd person. It is in these circumstances, extra ordinary writ jurisdiction of this Court under Article 226 of the Constitution of India has been sought against the order under Ext.P16, which is also appealable. 6. I have heard the learned counsel for the parties, appraised the paper book and of the view that there is no force and merit in the submission. Pith and substance of the facts revealed herein above, .....

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