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Abdul Saahir

High Court Of Kerala|17 November, 2014
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JUDGMENT / ORDER

----------------------- The petitioner is implicated in proceeding under Customs Act alleging smuggling of gold ornaments. In response to show cause notice, the petitioner made a request for permission to cross- examine certain officials and witnesses, who are relied by Department to substantiate the case against the petitioner. Exts.P4 and P5 are the request made by the petitioner. The petitioner approached this Court apprehending that final proceedings will be concluded without giving an opportunity to cross-examine those witnesses referred in Exts.P3, P4 and P5. In the statement the petitioner seeks an opportunity of cross-examining the persons specifically mentioned in Ext.P3 reply through his counsel.
2. I am of the view petitioner shall be permitted to cross- examine those witnesses unless the Department has a view that those witnesses are not relied to prove the case against the petitioner. Therefore, there shall be a direction to the 2nd W.P.(C).No.29970 of 2014
2
respondent to consider and pass appropriate orders on Ext.P5 before finalising the proceedings in Ext.P1. There shall be direction to the 2nd respondent to finalise the entire proceedings within a period of two months.
A.MUHAMED MUSTAQUE, JUDGE jm/
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Title

Abdul Saahir

Court

High Court Of Kerala

JudgmentDate
17 November, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Sri
  • Nias