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HC addressed a challenge regarding natural justice principles in ...


Cross-examination Rights in Show Cause Notice Cases Must Be Decided Through Reasoned Order Before Final Adjudication

March 5, 2025

Case Laws     Customs     HC

HC addressed a challenge regarding natural justice principles in adjudication proceedings. Petitioners sought cross-examination rights of DRI officers following Show Cause Notices. Court directed respondents to consider petitioners' request for cross-examination on merits after granting one personal hearing. If respondents reject cross-examination request, they must issue a reasoned order before proceeding with final adjudication. Such decision must be communicated to petitioners within one week. Court maintained existing interim stay on proceedings pending this determination. Emphasized that rejection of cross-examination rights must be through speaking order, preserving respondents' authority to subsequently pass final adjudication order on merits in accordance with law.

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