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2019 Supreme(Cal) 221

DEBANGSU BASAK
Sampad Narayan Mukherjee – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Anindya Mitra, Adv., Soumya Roy Chowdhury, Adv., Kausik Chanda, Adv., Tapan Bhanja, Adv., Sudarshan Lamba, Adv., K.K. Maity, Adv., Amitabrata Roy, Adv.

JUDGMENT :

Debangsu Basak, J.

The petitioner has challenged the order in original dated September 6, 2018 passed by the adjudicating authority exercising jurisdiction under the provision of the Customs Act, 1962 in the present writ petition.

2. Learned Senior Advocate appearing for the petitioner has submitted that, the petitioner assails the order in original, even though there exists a statutory alternative remedy with regard thereto, on the ground that the order in original stands vitiated by the breach of principles of natural justice.

3. Learned Senior Advocate appearing for the petitioner has submitted that, the petitioner was served with a show cause notice dated February 13, 2017. The petitioner had replied to such show cause notice. In the reply, the petitioner had requested for cross-examination of the witness of the prosecution. He has referred to the impugned order in original and submitted that, although, the adjudicating authority has noted that, the petitioner wanted to cross-examine the prosecution witnesses, the adjudicating authority disallowed the same on the ground that, the evidence in adjudication proceedings need not be like the one in criminal cases. Moreover, a






























































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