NABEEL ANSARI Vs. DEPARTMENT OF CUSTOMS AND ORS.

JUDGEMENT

(1.) The petitioner has approached this Court challenging the course and events pursued by the respondents in denying the opportunity sought for to cross-examine the concerned witnesses as requested vide Ext. P6 leading to Ext. P7 order dated 30/01/2015. The learned counsel for the petitioner points out that there is violation of the principles of natural justice as well and much prejudice has caused to the petitioner because of the denial of cross-examination of the concerned witnesses. This in turn is under challenge in this writ petition. The learned Standing Counsel for the respondents submits that the idea and understanding of the petitioner is thoroughly wrong and misconceived. It is stated that the proceedings were finalised by the 2nd respondent strictly in conformity with the statutory prescription also granting sufficient opportunity to verify, peruse the documents and to mould the case accordingly. Every aspect pointed out by the petitioner has been meticulously considered before passing the impugned order. It is stated that no provision of law is violated under any circumstances nor is there any infringement of principles of natural justice. Reliance is also sought to be placed on the decision rendered by the Apex Court as per the decision reported in Telestar Travels Pvt. Ltd. v. Special Director of Enforcement, 2013 9 SCC 549. The observations as in paragraph '20' are in the following terms:

(2.) After hearing both the sides, this Court finds that the case put up by the petitioner is not liable to be entertained in view of the law declared by the Apex Court as per the decision cited supra. In the said circumstance, interference is declined and the writ petition is dismissed.