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TMI Blog2016 (4) TMI 887X X X X Extracts X X X X X X X X Extracts X X X X ..... authority, while deciding the appeal, to be filed by the petitioner, I am of the view that the petitioner is at liberty to file an appeal against the impugned order and also direct the appellate authority to decide the appeal, on merits and in accordance with law, without relying upon the Chemical Examiner's report. - Petition disposed of - W.P.No.30771 of 2015, M.P.No.1 of 2015 - - - Dated:- 15- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel also submitted that in view of the judgement reported in 2013 (295) ELT 195 (Mad.), the respondent should have given an opporunity to cross examine the Chemical Examiner, who had given a report stating that the product is not a Fertilizer. Further, the learned counsel submitted that denying the opportunity of cross examination is a clear violation of principles of natural justice. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Chemical Examiner's report is eschewed or ignored, the impugned order passed by the respondent would stand. 4. The learned Standing Counsel further submitted that since the petitioner had got an appeal remedy before the appellate authority, the petitioner can question the correctness of the impugned order before the appellate authority and in the case of the petitioner filing the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n appeal as against the impugned order dated 01.09.2015 and also direct the appellate authority to decide the appeal, on merits and in accordance with law, without relying upon the Chemical Examiner's report. The petitioner shall file the appeal within ten days form the date of receipt of copy of this Order. The appeallate authority shall entertain the appeal, without insisting on the question ..... X X X X Extracts X X X X X X X X Extracts X X X X
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