BIMAL KUMAR JAIN Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, impugning the order dated 03.01.2018 (hereafter "the impugned order") passed by the Special Director, Directorate of Enforcement (FEMA) in the case of Assistant Director, Enforcement Directorate (FEMA) v. Naresh Kumar Jain & Ors (bearing file no. T4/04/FEMA/DLZO/SDE(CR) dated 11.01.2016 (SCN) and file no. T3/CP/34/DZ/2009/AD (SB) (complaint)).

(2.) By the impugned order, the respondent (Special Director, the Directorate of Enforcement) has rejected the petitioner's application for cross-examination of Mr Manoj Garg (the Investigating Officer), the complainant, Mr A.K. Verma, Mr Mohan Singh, Mr Preetam Singh and Satbir Singh, Assistant Director who were signatories to the Panchnama. The petitioner had also sought an opportunity to crossexamine Mr V.K. Gogia and Mr S. Bhatnagar who had witnessed the Panchnama. The relevant extract of the impugned order reflecting the reasons for denying the petitioner's request for cross-examination, reads as under:-

(3.) The learned counsel appearing for the petitioner contended that the cross-examination of witnesses is an integral part of the principles of natural justice and the same could not be denied. He relied on the decision of the Division Bench of this Court in Shahid Balwa v. The Directorate of Enforcement: LPA 79/2013 and another connected matter decided on 29.05.201