Supreme Court of India
Arya Abhushan Bhandar vs Union Of India (Uoi) on 21 March, 2002
Equivalent citations: 2002(143)ELT25(SC), AIRONLINE 2002 SC 72, 2006 (2) AIR BOM R 310, (2002) 143 ELT 25, (2006) 1 ALLCRIR 100, (2006) 54 ALLCRIC 343
Bench: S.P. Bharucha, N. Santosh Hegde, Arijit Pasayat
ORDER
1. An issue raised by the appellants was that the search was conducted both in their shop and in their house and that the search warrant was limited to the shop. The Panchas to the search were, therefore, material witnesses in this behalf. That they were not produced for cross-examination, though asked for, is not disputed. There has, therefore, in our view, clearly been a breach of natural justice. On this count alone, the order of the High Court must be set aside. We are unimpressed by the argument that no prejudice was caused to the appellants by reason of the non-production of the Panchas which, it would appear, was what the High Court seemed to think.
2. The civil appeal is allowed. The judgment and order under appeal is set aside.
No order as to costs.