Back
S. V. GANGAPURWALA, M. G. SEWLIKAR
Sameer Shah (Real Name "javed Shaikh") – Appellant
Versus
Union of India – Respondent
JUDGMENT
M.G.Sewlikar, J. - Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing at the stage of admission.
2. By this writ petition, the Petitioner is seeking the quashing of the order dated 8th May, 2020 passed by the Respondent no. 2 whereby the appeal of the petitioner has been dismissed
3. Facts leading to this petition shorn of details can be stated thus:-
The petitioner is working with Airport Sorting Authority (APSO) as a clearing agent. It is further alleged that a criminal conspiracy was hatched by Naishad Kapadia, Mohmmad Manaswal, Ketan Kothari and others to defraud the Government of India of its legitimate revenue by causing import of Iridium Sponge. Pursuant to the conspiracy, the Iridium Sponge was imported from Singapore by one Mohammadi Manswala in the name of NBK enterprises on a grossly understated value under the cover of invoice raised by M/S Lim fa Pte Ltd or M/S Yuva International Pte Ltd. Based upon the purported intelligence, the officer found a speed post parcel that had arrived at APSO office under consignment note sent by M/S Yuva International Pte Ltd. The said parcel was found to be a cardboard box with a speed post
An order passed without following principles of natural justice is a nullity, and the petitioner has the right to cross-examine the witnesses on whom reliance has been placed by the authorities.
The court established that the provisions of the Customs Act do not guarantee an absolute right to cross-examine witnesses in adjudication proceedings, and the denial of such a right does not inheren....
The denial of cross-examination in quasi-judicial proceedings does not inherently violate natural justice, especially when alternative remedies are available.
Breach of principles of natural justice and defiance of fundamental principles of judicial procedure falls within exceptions noticed by Supreme Court in the above decision, wherein availability of an....
Denial of cross-examination of co-delinquent does not violate natural justice; such issues for appellate remedy.
The court established that denying a party the right to cross-examine witnesses whose statements are relied upon in a penalty order violates principles of natural justice, rendering the order null.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
