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TMI Blog2018 (7) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... umar, AR ORDER Per: Mr. Ashok Jindal The appellant is in appeal against the impugned order wherein goods imported by the appellant declaring lubricate oil has been held as hazardous waste, therefore, directed to be re-exported and redemption fine and penalty were also imposed. 2. The facts of the case are that the appellant filed bill of entry No. 8060152 dated 21.01.2015 for clearance of 44 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ain clarifications were sought from the chemical examiner CRCL. As no clarification was forwarded to the adjudicating authority, the appellant was compelled to approach to the Hon'ble High Court of Punjab and Haryana and the Hon'ble High Court vide order dated 28.04.2016 directed the concerned adjudicating authority to adjudicate the show cause notice within two months from the date of receipt of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd without affording cross examination of chemical examiner impugned order has been passed which is in gross violation of principle of natural justice. Moreover, when the adjudicating authority, itself is in doubt with regard to the chemical examiner's report, in that circumstances, it would be in the interest of justice to grant cross examination to chemical examiner, CRCL to the appellant. There ..... X X X X Extracts X X X X X X X X Extracts X X X X
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