Cross-Examination is Not an Absolute Right and is Subject to Circumstances of Each Case: High Court

The Delhi High Court recently upheld an order denying the petitioner’s request for cross-examination of witnesses in a case involving alleged fraudulent activities.

The Customs Department had issued a show cause notice to the petitioner, Ramesh Wadhera, accusing him and his son of fraudulently claiming drawbacks by exporting readymade garments. The petitioner allegedly exported substandard-quality goods through several fake firms by overvaluing them so that he could claim a drawback. The Investigations done by the Directorate of Revenue Intelligence (DRI) revealed that these firms never existed.

The petitioner in 2017 requested the opportunity to cross-examine DRI officials and the co-noticees, to whom notices were issued. However, the same was rejected several times by the Customs Department. In 2019, the petitioner again requested the cross-examination of DRI officers involved in the case, but the request was denied again.

The High Court observed that the noticees did not appear for a personal hearing, and many notices came back as the firms did not exist. The court highlighted that the petitioner’s request for the cross-examination seemed like an attempt to delay the proceedings.

The court said that the DRI officials cannot be cross-examined without giving a valid reason by the petitioner. Citing a previous ruling, the High Court held that the right to examination is not an unfettered and absolute right, and it requires a specific reason as to why the cross-examination is needed. Further, the court highlighted that the opportunity for cross-examination depends on the facts and situation of the case and the present case involved fraudulent availment of drawbacks using fake firms.

Therefore, the court refused to interfere with the DRI’s order. The petitioner was allowed to reply to the show cause notice before January 20, 2026.