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TMI Blog2018 (4) TMI 1541X X X X Extracts X X X X X X X X Extracts X X X X ..... ross-examination of the witness Sahu. Finally, there is a question of documents and materials seized by the DRI during his search and seizure operation. If DRI intends to rely on any of these documents, the petitioner and his counsel are entitled to inspection of all these materials and to use them in a manner permissible in law during the cross-examination or arguments. Petition disposed off. - Writ Petition No. 141 of 2017 - - - Dated:- 6-9-2017 - G.S. Patel and Nutan D. Sardessai, JJ. Shri P. Karpe, Advocate, for the Petitioner. Shri C.A. Ferreira, Advocate, for the Respondent. JUDGMENT [Judgment per : G.S. Patel, J. (Oral)]. - Rule. Respondents waive service. By consent, made returnable forthwith and take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the cross-examination of Mr Sahu could be taken to conclusion only after the petitioner was allowed to cross-examine the DRI officers who had conducted the search and seizure of the petitioner s company MMPL on 30th October, 2012 as also the independent pancha witnesses. There is then a communication dated 17th January, 2017 (Annexure 34 at page 546) which first states that the request for cross-examination of DRI officers is unnecessary and cannot be allowed, and then goes on to say that since Sahu was cross-examined on two dates from 10 to 11 hours no further cross-examination opportunity was possible. This is the portion that troubles us. It is not the length of the cross-examination that is relevant in any case of this nature. In any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before resuming the cross-examination of the witness Sahu. Alternatively, a DRI official or witness whose evidence was led by the Revenue may be recalled as might the witness Sahu. All of these are possibilities in the course of any trial or evidence-gathering procedure. What is improper is closing out evidence in this fashion. 7. Having said that, we expressly do not permit the petitioner to attempt the cross-examination of any DRI officer or pancha witness whose evidence has not been led by the Revenue. The right to cross-examine is restricted only to those witnesses whose evidence has been led by the Revenue. 8. The entire matter can be disposed of on this basis by setting aside the final order of 27th February, 2017 as also the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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