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2018 (9) TMI 1679

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..... ioner did not indicate the reason as to why the cross-examination was required. Held that:- In an adjudication proceeding which is adversarial in nature, a party adducing evidence through a natural person is required to allow cross-examination of such natural person, to the other side - In the present case apparently the prosecution was relying upon evidence adduced by natural persons in the pr .....

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..... ioner : Mr. Arijit Chakraborti, Adv., Mr. Prasanta Bishal, Adv. And Mr. Nilotpal Chowdhury, Adv. For The Respondent : Mr. Kaushik Dey, Adv And Mr. K.K. Maiti, Adv. Ms. Sanjukta Gupta, Adv. for Customs central Excise. ORDER The Court :-An order in original dated May 31, 1018 is under challenge in the present writ petition. Learned Advocate for the petitioner submits tha .....

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..... he petitioner was not afforded an opportunity to cross-examine the prosecution witness nor was the request for cross-examination dealt with by the impugned order. Learned Advocate appearing for the respondents submits, the petitioner did not indicate the reason as to why the cross-examination was required. Moreover, the petitioner was acting jointly with some other persons. In an adjudicatio .....

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..... oceeding, specify the reason why it requires the cross-examination of the witness. When, a contesting party in adversarial litigation adduced evidence through a natural person, it results in a corresponding right to the opposite party in such adversarial proceeding to crossexamine such natural person. In absence of such cross-examination being allowed or facilitated the evidence given by such natu .....

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