Gujarat High Court
Anil Kumar Bansal S/O Late Nagar Mal ... vs Additional Commissioner Of Customs ... on 11 February, 2021
Author: Sonia Gokani
Bench: Sonia Gokani, Sangeeta K. Vishen
C/SCA/2102/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2102 of 2021
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ANIL KUMAR BANSAL S/O LATE NAGAR MAL BANSAL
Versus
ADDITIONAL COMMISSIONER OF CUSTOMS (PREVENTIVE)
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Appearance:
MR RAMAKANT GAUR, MR ADITYA R PARIKH, MS SNEHA ARYA(8769)
for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3
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CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 11/02/2021
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. The petitioner is before this Court, seeking following reliefs:
"57. ...
(A) To issue a writ of mandamus or any other writ in nature of mandamus to issue directions to the Adjudicating Authority / Respondent to allow the cross-examination of the witnesses, whose statements have been relied upon,panch witnesses, the Investigating Officers and the officers who supervised the investigation in the captioned matter as elucidated in the table above in the petition and to quash the order dated 05.11.2020 passed by the Respondent No.2;
and (B) To direct the Respondent to supply all the documents as highlighted in the table above in the petition; and (C) To direct the Respondent No.3 to cease the conduct of phishing and roving investigation against the Petitioner; and (D) ..."
2. Noticing the fact that the order in original has not been passed and the matter is to be adjudicated, yet, we deem it appropriate to direct Page 1 of 2 Downloaded on : Wed Jan 12 08:35:19 IST 2022 C/SCA/2102/2021 ORDER the petitioner to supply the scanned copy to the office of the learned Asst. Solicitor General, for him to take necessary instructions in this regard, as the last date of remaining present, pursuant to the summons, was 27.01.2021. Since, the learned Central Government Standing Counsel, Mr. Divyeshvar, was need to take instructions, he was granted the same on 09.02.2021.
2.1 Today, on instructions, he submits that, by availing the opportunity of personal hearing, the order in original shall be passed. It is not in dispute that there is no formal order of denial of cross- examination of witness, pursuant to the applications made by the petitioner dated 20.10.2020 and 02.11.2020. Bearing in mind the decision of this Court, rendered in 2014 (300) ELT (Gujarat) 250, let the order be passed by the concerned officer, FIRSTLY, on the aspect of cross-examination of witness. This shall be done, BEFORE the order in original is delivered.
2.2 Further, the grievance with regard to non-supply of certain documentary evidences, being the facet of the principles of natural justice, the same shall be regarded by the officer concerned and shall be decided ALONG WITH the application, seeking cross-examination of witness.
2.3 So far as prayer Paragraph-57(C) is concerned, since, this matter is being disposed of in limini, this Court has expressed no opinion on the same on merits. DISPOSED OF, accordingly.
(SONIA GOKANI, J) (SANGEETA K. VISHEN,J) UMESH/-
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