2008 (1) TMI 815 - HC - Customs

Alteration in order of Court - Court directed provisional release of seized goods on certain conditions

Summary

Issues: Contempt of court regarding modification of interim order conditions

The judgment involves the issue of contempt of court concerning the modification of conditions in an interim order. The petitioners highlighted that conditions (iii) and (iv) were not part of the original interim order but were added by an officer in a letter requesting the release of seized goods. The court found that the officer's actions in altering the interim order may amount to contempt of court. Consequently, the court issued a suo-moto notice of contempt against the officer, directing him to show cause as to why proceedings under the Contempt of Courts Act should not be initiated.

The court analyzed the letter submitted by the petitioners and noted that the officer had included conditions (iii) and (iv) without authorization from the court. By unilaterally altering the conditions of the interim order, the officer appeared to have overstepped his authority and potentially violated the sanctity of the court's orders. Therefore, the court concluded that the officer's actions could be construed as contempt of court, warranting further investigation and potential legal consequences.

Furthermore, the court reiterated its directive for the respondents to adhere to the original interim order issued on 20-12-2007 promptly. The court emphasized the importance of compliance with court orders and instructed the respondents to follow the directives without delay. This reiteration underscores the court's commitment to upholding the integrity of its orders and ensuring that all parties involved respect and abide by the court's decisions.