9911796707
TMI Blog2023 (8) TMI 206X X X X Extracts X X X X X X X X Extracts X X X X ..... The standard of proof, the objectives of the two proceedings are different. Thus the above contention of the Petitioner is liable to be rejected. The departmental proceedings initiated under CBLR need not be kept in abeyance until the disposal of the criminal proceedings. It appears that the request for cross examination has been rejected by giving reasons that are vague in terms of Regulation 17 of CBLR, which sets out the procedure for revoking licence or imposing penalty. It appears that if a request for cross-examination is made, the appropriate authority ought to examine that request and enable cross-examination and shall decline permission only after recording the reasons. The impugned proceedings rejects the request on the pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i on 30.08.2019, on the basis of certain allegations of corruption against a Customs Appraiser, by name, V.Sangamithra viz., the Officer is demanding and accepting undue advantage from Customs Broker's for issue of Let Export Order/Out of Charge Order in respect of export/import consignments. During the course of search operations, it is reported that cash was recovered from the concerned customs official and on further investigation, one N.Murugan and R.Darvin were found to collect money from various Customs Brokers and handover the amounts so collected to the said Customs Official. It is submitted that N.Murugan had become an approver. 3. It is submitted that on the basis of certain handwritten sheets given by N.Murugan, an amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to cross-examine the Investigating Officer, employee and also the customs officials under Regulation 17(4) of the CBLR. 5. It is submitted that the above request came to be rejected by the Respondents that there is no absolute right of cross-examination and if sufficient corroborative evidence exist, cross-examination is not necessary and further as sufficient corroborative evidence exist, he had proceeded to reject the request. In this regard, reliance was sought to be placed on the Judgment in the case of Kanungo and company Vs Collector of Customs, Calcutta and others reported in 1983 (13) E.L.T. 1486 (S.C) and the judgment of High Court of Andhra Pradesh in the case of Shalini Steels Private Limited Vs Commissioner of Cust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er or Commissioner of Customs shall issue a notice in writing to the Customs Broker within a period of ninety days from the date of receipt of an offence report, stating the grounds on which it is proposed to revoke the license or impose penalty requiring the said Customs Broker to submit within thirty days to the Deputy Commissioner of Customs or Assistant Commissioner of Customs nominated by him, a written statement of defense and also to specify in the said statement whether the Customs Broker desires to be heard in person by the said Deputy Commissioner of Customs or Assistant Commissioner of Customs. (2) The Commissioner of Customs may, on receipt of the written statement from the Customs Broker, or where no such statement has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e evidence, the same appears to be vague inasmuch as what is the corroborative evidence that is available has not been set out, except for a mere assertion, there is no details set out in support thereof. 10. In the circumstances, this Court is of the view that Petitioner shall make a request for cross-examination within a period of two weeks from the date of receipt of copy of this order. On receipt of such request, the Inquiry Officer shall examine and dispose of the request keeping in mind Regulation 17(3) and 17(4) of CBLR. The inquiry shall continue from the stage of request for cross-examination. This Court intends to clarify that the limited request by the Petitioner was only an opportunity for cross-examination and the above dire ..... X X X X Extracts X X X X X X X X Extracts X X X X
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