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TMI Blog2021 (12) TMI 295X X X X Extracts X X X X X X X X Extracts X X X X ..... rspective. As a result, this Court is flooded with litigation on the same issue and we cannot help but observe that it is the action of the Respondents in not applying the binding dicta of the Hon ble Supreme Court, which is breeding unnecessary litigation. It is directed that the Registry of this Court to send a copy of the judgment dated 09.03.2021, passed by the Hon ble Supreme Court in Canon India to the Respondents herein, through electronic mode, so that corrective measures and steps are taken, in accordance with the judgment and citizens are not put to mental and financial harassment by filing petitions before this Court. List on 29.10.2021. - W.P.(C) 11721/2021 - - - Dated:- 12-10-2021 - HON'BLE THE CHIEF JUSTICE A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Act, 1962. Proper Officer , therefore, for performing any function under the said Act means the officer of Customs who is assigned those functions by the Board , meaning thereby that to be a Proper Officer, the Officer must be a Customs Officer, while in the present case, Investigating Officer of DRI is not a Custom Officer and therefore, not a Proper Officer, so as to be entitled to seize the goods. In support of his contention, learned counsel relies on the judgment of the Hon ble Supreme Court in Canon India (supra), more particularly, para 21 thereof. It is contended that despite the clear pronouncement of law on this aspect, Respondents are acting contrary to the law laid down by the Hon ble Supreme Court and hence, the Petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 03.2021, passed by the Hon ble Supreme Court in Canon India (supra) to the Respondents herein, through electronic mode, so that corrective measures and steps are taken, in accordance with the judgment and citizens are not put to mental and financial harassment by filing petitions before this Court. 10. We also direct Respondent No. 1 herein/Principal Commissioner of Customs, ICD, Patparganj to circulate a copy of the aforesaid judgment, to all the concerned officials in the Department for information and compliance, as there can hardly be a doubt that the judgments of the Courts are binding not only on the private parties but also on the Government officials dealing with matters in their official capacity. 11. We also expect from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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