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R. SURESH KUMAR
Rajkumar Gowthaman – Appellant
Versus
Joint Commissioner of Customs(Preventive), O/o. Commissioner of Customs, Tiruchirappalli – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Certiorari, to call for the records in respect of the adjudication order passed by the respondent in C.No.VIII/10/17/2016, dated 13.12.2019 and quash the same.)
The necessary facts, which are required to be noticed for the disposal of this writ petition are as follows:
On 28.10.2015, based on the specific input received from the Directorate of Revenue Intelligence, Chennai Zone, surveillance on the movement of vehicles were mounted in the Pattukkottai-Thanjavur Highway, where, the officers of the customs identified and intercepted a TATA Indica Vista car bearing Registration No.TN-47-AD-7027 at Pulavankadu. Two persons were inside the vehicle, namely, M.Karthikeyan of Karur and A.Sheik Fareed of Pallapatti, Karur District. On a reasonable belief, in pursuant to the intelligence, since the smuggling of gold were not denied by the two persons, the car along with the occupants were taken to the office of the Assistant Commissioner of Central Excise and Service Tax, Thanjavur, for detailed examination.
2. On the thorough examination of the vehicle in the presence of two independent witnes
The denial of cross-examination in quasi-judicial proceedings does not inherently violate natural justice, especially when alternative remedies are available.
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....
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....
Failure to adhere to principles of natural justice, including denial of cross-examination and opportunity to present defense evidence, warranted quashing of confiscation order and re-evaluation of th....
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 failure to provide cross-examination in adjudication proceedings under Section 138-B of the Customs Act violates natural justice unless a request for cross-examination was explicitly made by the ....
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