2001 (8) TMI 137 - HC - Central Excise

Summary

Issues involved: Application for writ of mandamus to comply with representation for supply of documents and production of witnesses for cross-examination.

The petitioner sought a writ, direction, or order in the nature of mandamus to compel the respondents to provide documents and produce witnesses for cross-examination as per a letter dated 26-12-2000. A show cause notice was issued to the petitioner on 24-11-2000 regarding discrepancies in furnace measurements, leading to a differential duty calculation. The petitioner requested various verification reports and orders, which were denied based on a previous order. The petitioner argued for the right to rely on relevant documents and defense, citing principles of natural justice and legal precedents.

The Court agreed with the petitioner's stance on the importance of allowing access to relevant documents and witnesses for a fair adjudication process. Referring to previous judgments emphasizing fair play, the Court directed the respondents to provide the requested documents promptly and ensure the availability of witnesses for cross-examination. The respondents were instructed to supply the documents within two weeks and arrange for witness cross-examination, with a strict instruction against seeking adjournments. The decision was made without imposing any costs on either party.