The summary focuses on the rejection of cross-examination of DRI ...

Request for Cross-Examination Denied in Customs Case; Authority Cites No Personal Stake or Requisite u/s 122A.

November 30, 2024

Case Laws     Customs     AT

The summary focuses on the rejection of cross-examination of DRI officers and a co-noticee by the competent authority. The main objective of cross-examination is to challenge the accuracy, credibility, and reliability of testimony provided by witnesses. However, in this case, the DRI officers have no personal interest, and their statements were not relied upon by the revenue in the show cause notice. The appellant cannot direct the manner of investigation by an investigative agency, and any concerns regarding the investigation's efficacy and integrity can be brought out in the reply to the show cause notice. Section 24 of the Act clarifies that mere retraction of a statement does not invalidate its evidentiary value unless certain conditions are met. The Adjudicating Authority's decision to deny cross-examination cannot be faulted when no incriminating statement was recorded from the officers, and the appellant himself made a valid confessional statement. Section 122A of the Customs Act does not mandate cross-examination, and its grant is subject to the Adjudicating Authority's discretion based on principles of natural justice. The impugned decision denying cross-examination was taken judiciously and cannot be substituted merely because another view is possible.

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