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TMI Blog2012 (9) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... d are not releasing the goods, which is in direct confrontation with the judicial order of this Court dated 14.11.2011 passed which remained in force at least till 25.04.2012 when order of stay was passed in L.P.A. No. 131 of 2012 i.e. for more than five months, although the direction was for immediate release of goods. However, in any view of the matter order of the Assistant Commissioner, Customs dated 18.11.2011 was clearly in the teeth of and in violation of the said order dated 14.11.2011 passed by this Court. Thus Court has no option but to hold the the Assistant/Deputy Commissioner, Customs (Prevention) Division, Forbisganj, District Kishanganj contemner guilty of contempt and punish him with simple imprisonment of three months, which must start within 30 days from the date of passing of this order and also with fine of Rs.2,000.00 which must be paid within 30 days from date of this order in favour of Patna High Court Legal Aid Society as he has orchestrated the things and misconstrued the provisions of law to the detriment of the petitioner merely with the purpose to overreach the order of this Court dated 14.11.2011 passed in C.W.J.C. No. 12197 of 2011 - in favour of as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were directed to release the truck and betel nuts loaded thereon immediately after receipt/production of a copy of that order. 5. Learned counsel for the petitioner stated that the aforesaid order of this Court was communicated to the opposite parties along with an application on 19.11.2011 (Annexure 2) for immediate compliance of the said order of this Court. However, the opposite parties, instead of complying the said order of this Court and releasing the goods in favour of the petitioner, issued show cause notice on 18.11.2011 under section 124 of the Customs Act, 1962 (hereinafter referred to as `the Act for the sake of brevity) initiating confiscation proceeding inspite of the fact that the seizure itself was quashed by this Court vide order dated 14.11.2011 in the presence of learned counsel for the opposite parties. In the said circumstances, this contempt petition was filed by the petitioner on 13.12.2011. 6. Learned counsel for the petitioner submitted that the aforesaid show cause notice dated 18.11.2011 was challenged by him in C.W.J.C. No. 22316 of 2011 and after hearing the parties the said show cause notice was stayed by an interim order of this Court dated 08. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cles. It was further argued that in other cases, no such orders are being passed by the opposite parties even if there was no intervention by the High Court and only Bond of 25% was required, but in the instant case where there was a specific order of release passed by the High Court declaring the seizure to be illegal, there was no requirement of Bond also. Thus, he submitted that malice in law and malice on facts are apparent, which proves that contempt has been committed by the opposite parties. 11. On the other hand, learned counsel for the opposite parties stated that orders dated 09.02.2012 and 04.06.2012 passed by opposite party-authorities cannot be challenged in this M.J.C. case and if the petitioner is aggrieved by those orders, he can challenge it in a separate writ petition. He further stated that the Commissioner has been given authority under section 110 of the Act to pass such order as he was required to look into the relevant facts and circumstances of each case. 12. Learned counsel for the opposite parties submitted that the order of the High Court dated 14.11.2011 passed in C.W.J.C. No. 12197 of 2011 was communicated to the Department on 15.11.2011, but it cam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se the truck and betel nuts loaded thereon immediately. 16. From the submissions of the opposite parties it is quite apparent that the aforesaid order of the High Court dated 14.11.2011 was communicated by the petitioner on 15.11.2011 and it also came to the knowledge of the authorities in the Head Office of the Customs Department on 17.11.2011 and hence opposite party-authorities should have complied the said order by releasing the truck and betel nuts loaded thereon immediately after the receipt/production of a copy of the said order and there was no occasion for them to demand 100% cash security and 100% Bond for the said release, specially when no such direction was given in the said order of the High Court and that too after about seven months i.e. vide letter dated 14.06.2012. 17. So far the show cause notice dated 18.11.2011 sent by the opposite parties is concerned, it is quite apparent that the same had been stayed vide order dated 08.02.2012 passed in C.W.J.C. No. 22316 of 2011 filed by the petitioner and there is no material on record to show that the said order had ever been challenged or was ever interfered with. Hence there was no occasion for the said authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verreach the order of this Court dated 14.11.2011 passed in C.W.J.C. No. 12197 of 2011. The said officer being a senior officer should have known his limits and jurisdiction and crossing those limits and jurisdiction in such a manner knowing full well the facts of this case as well as the specific order/direction of this Court and its repercussions, is clearly a gross contempt, which he has committed as has been proved beyond any semblance of doubt. 21. In these circumstances, this Court has no option but to hold the above named contemner guilty of contempt and punish him with simple imprisonment of three months, which must start within 30 days from the date of passing of this order and also with fine of Rs.2,000.00 (Rupees two thousand only), which must be paid within 30 days from today in favour of Patna High Court Legal Aid Society and receipt must be filed within the said period, failing which, imprisonment of the contemner shall be extended by one month more. The contemner must surrender before the Police within 30 days from today. 22. Registrar General of this Court is directed to take immediate consequential steps with respect to the above order and send a copy of this o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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