9911796707
TMI Blog1999 (9) TMI 373X X X X Extracts X X X X X X X X Extracts X X X X ..... . Shri J.M. Kennedy, JDR, for the Respondents. [Order per : P.C. Jain, Vice President]. By the impugned order, the Commissioner, Customs (Preventive) has confiscated 16743.000 gms. of gold bars seized on 31-10-1994 collectively valued at Rs. 82,20,813/- from five applicants herein at Calcutta Airport from the suit cases, briefcases and pair chappals of Shri P. Chandra Kumar, one of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitted that purity had been less than 24 carats. He also points out that they were taken in the custody on 31-5-1994 and they were produced before the concerned Magistrate on 3-11-1994 that is beyond 24 hrs. and as required under the Constitution. On the bail application of the applicants, the concerned Judicial Magistrate has held their custody to be illegal. In the circumstances, ld. Sr. Advoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sallowing the cross-examination of witnesses or persons involved in seizure may not always be against the requirement of the principles of natural justice but it has to be considered by the adjudicating authority whether it is necessary to do so or not. This decision of disallowing cross-examination has to be taken having regard to the facts and circumstances of each case. He submits that adjudica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... J.M. Kennedy who has reiterated the findings of the adjudicating authority. 5. We have carefully considered the submissions advanced from both the sides. We agree with the submissions of the learned Senior Advocate that in the facts and circumstances of the case, cross-examination of the various persons asked for by the appellants/applicants was necessary for the applicants/appellants to prove ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
