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TMI Blog1987 (9) TMI 59X X X X Extracts X X X X X X X X Extracts X X X X ..... toms and Central Excise Department, Junagadh was ordered to deposit a sum of Rs. 4200/- in the court within 15 days from the date of the said work. 2. In view of the fact that the order was passed in favour of the learned Judicial Magistrates, First Class, Shri J.A. Dholakia and Shri J.N. Gajra, they were ordered to be joined as party-respondents and accordingly they were joined as respondents Nos. 2 and 3. They have not filed any appearance and they have stated that they will submit to the orders of this court. In the said order the learned Chief Judicial Magistrate has pointed out that the said Magistrates have worked in all for six days totalling to 38 hours and 30 minutes; they have spent 12 hours for preparing the inventory report and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de for giving additional remuneration to the Magistrate in the whole of the Customs Act and in that view of the matter the impugned order is patently contrary to law. 4. With a view to appreciate the contentions raised by Mr. Shah it is necessary to re-produce the relevant portion of the newly added sub-sections (1A), (1B) and (1C) of 110 of the Customs Act : "(1A) The Central Government may, having regard to the perishable or hazardous nature of any goods, depreciation in the value of the goods with the passage of time, constraints of storage space for the goods or any other relevant considerations, by notification in the Official Gazette, specify the goods or class of goods which shall, as soon as may be after its seizure under sub-sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a period not exceeding six months. (3) The proper officer may seize any documents or things which, in his opinion, will be useful for, or relevant to, any proceeding under this Act. (4) The person from whose custody any documents are seized under sub-section (3) shall be entitled to make copies thereof or take extracts therefrom in the presence of an officer of customs." 5. From perusal of the sub-section (1B) it is clear that the inventory of the goods is to be prepared showing all the details with the regard to the description, quality, quantity, mark, numbers, country of origin, etc. and with a view to certify the correctness thereof an application is to be made to the Magistrate and when such application is made under sub-section (1C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (3) of Rule 4 of the Food Adulteration Act to verify personally that the samples sent by the Local authority are intact or not and when the Magistrate does that work, it cannot be said that he is not doing his statutory duty and, therefore, certainly he cannot claim additional remuneration. Similarly, Judges are at times appointed as One-Man Commission or otherwise under Commissions of Inquiry Act, 1952, as a fact finding authority, and here also they cannot claim additional remuneration. It is not befitting the post and status of a Judicial Officer to claim any such remuneration. It is not only improper but illegal to claim any such additional remuneration. If such remuneration is claimed and/or allowed, it is the first step or the beginni ..... X X X X Extracts X X X X X X X X Extracts X X X X
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