TMI Blog2020 (7) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... on is provided or any discretion is provided for the Adjudicating Authority to allow or not to allow the cross examination. Particularly, in the present case, when the appellant have vehemently requested the cross examination of the witnesses. The Adjudicating Authority cannot have his own assumption and presumption that whether anything will come out from the process of cross examination. It is up to the defendant that whether the cross examination will help for his defence. The cross examination is a vital part of principles of natural justice. The appellant should be allowed cross examination, the witnesses except the SIO. The SIO is part of the investigation and the Show Cause Notice has relied upon various statements, letters and op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he cross examination. He submits that all the evidences either in the form of letters, technical opinion, statements, are recorded from the persons whose cross examination was sought for. Therefore, two bring out the truth and correct position on record it is necessary to cross examine the witnesses. He heavily relies upon the judgment of Hon ble High Court of Gujarat dated 29/01/2020 in the case of Gujarat Narmada Valley v/s Union of India wherein he pointed out that in the identical case, the cross examination has been granted by the Hon ble High Court. He further submits that the contention of the Principal Commissioner, that the appellant is delaying adjudication proceedings as incorrect for the reason that the Adjudicating Authority ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the order which is reproduced below: 6. The request for cross examination of SIO who recorded the statements of the witnesses and who obtained technical opinion on the subject issue, I find that the relied upon documents have already been provided alongwith Show Cause Notice and the cross examination of the SIO shall not bring out any new facts other than the facts which have already been recorded in the statements and in the technical opinions. The request for cross examination of 11 persons is not maintainable as nothing new is likely to come out and will only delay adjudication proceedings. In this regard, I refer to the judgment of Hon ble High Court of Kerala in the case of N.S. Mahesh reported as 2016 (331) ELT 402 (K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable; or (b) when the person who made the statement is examined as a witness in the case before the court and the court is of opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interests of justice. 2) The provisions of sub-section (1) shall, so far as may be, apply in relation to any proceeding under this Act, other than a proceeding before a court, as they apply in relation to a proceeding before a court. From the plain ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
