2021 (2) TMI 807 - HC - Customs

Principles of Natural Justice - denial of opportunity of cross-examination - HELD THAT - It is not in dispute that there is no formal order of denial of cross-examination of witness, pursuant to the applications made by the petitioner dated 20.10.2020 and 02.11.2020. Let the order be passed by the concerned officer, FIRSTLY, on the aspect of cross-examination of witness. This shall be done, BEFORE the order in original is delivered. Further, the grievance with regard to non-supply of certain documentary evidences, being the facet of the principles of natural justice, the same shall be regarded by the officer concerned and shall be decided ALONG WITH the application, seeking cross-examination of witness. Since, this matter is being disposed of in limini, this Court has expressed no opinion on the same on merit - Application disposed off.

Summary

Issues:
1. Cross-examination of witnesses
2. Supply of documents
3. Ceasing phishing and roving investigation

Cross-examination of witnesses:
The petitioner sought a writ of mandamus to allow cross-examination of witnesses and quash the order dated 05.11.2020. The court noted that the original order had not been passed yet. The petitioner was directed to supply the scanned copy to the Asst. Solicitor General for necessary instructions. The court emphasized the importance of cross-examination and directed that the order on cross-examination should be passed before the original order. The court referred to a previous decision and stressed the need for a formal order on the denial of cross-examination. The matter was to be decided promptly, ensuring the principles of natural justice were upheld.

Supply of documents:
The petitioner also requested the respondent to supply all highlighted documents. The court acknowledged the grievance regarding the non-supply of certain documentary evidence. It was emphasized that the principles of natural justice required the officer to consider this grievance along with the application for cross-examination of witnesses. The court ensured that this aspect would be decided simultaneously with the cross-examination issue, highlighting the importance of providing necessary documents for a fair adjudication.

Ceasing phishing and roving investigation:
Regarding the prayer to cease phishing and roving investigation against the petitioner, the court mentioned that since the matter was being disposed of in limini, no opinion was expressed on this prayer on its merits. The court disposed of this specific prayer accordingly, indicating that the issue was not addressed in detail due to the disposal of the matter at an earlier stage.