Disobedience Doesn't Pay - ADG, Commissioner and DC sentenced by High Court for Contempt
USUALLY, the bureaucrats - especially the Revenue babus - have no respect for the judiciary - they rather have undiluted contempt for the judges. Many of the bureaucrats believe that they are the repositories of all wisdom and knowledge and the judiciary is at best an unavoidable nuisance. Quite often, we find junior and middle level officers of the department disobeying the orders of the superior judicial fora including High Courts and some even have the audacity to sit in judgement over the correctness of the orders passed by High Courts.
Today we bring you two cases where the Patna High Court found that it had no option but to hold certain officers guilty of contempt and punished them with simple imprisonment of three months and a fine each of Rs. 2,000/-. The officers were, an ADG of DRI, a Commissioner of Customs and a Deputy Commissioner of Customs.
A truck of betel nuts was seized on 30.05.2011 alleging that the same were smuggled goods. The order of detention and seizure was quashed by the Patna HC on 14.11.2011 and the authorities were directed to release the truck and betel nuts loaded thereon immediately.
Instead of releasing the goods, the department issued show cause notice on 18.11.2011 under section 124 of the Customs Act, 1962 initiating confiscation proceeding.
A contempt petition came to be filed on 13.12.2011.
In the meantime, on challenge, the SCN dated 18.11.2011 was stayed by an interim order dated 08.02.2012 of the High Court.
Later on 14.06.2012, the department sent a letter to the petitioner asking him to take the truck/ goods on depositing 100% cash security plus a Bond for the 100% value of the said articles.
By its order dated 06.09.2012, the Patna HC admonished the department for their vengeful attitude in the following words -
+ there is no scope for continuance of the investigation after the seizure and detention of the goods had been quashed by the court of law after considering the merits or otherwise of the claim of the respective parties based on their pleadings and materials.
+ It is also apparent from the claim of the opposite parties that they had tried to justify their action and simultaneously they had tendered unqualified apology. This double faced stance of the opposite parties is against the settled principle of law in such matters.
+ The Assistant/Deputy Commissioner 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.
+ Being a senior officer he 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.
+ The Court has no option but to hold the above named contemner guilty of contempt and punish him with simple imprisonment of three months with fine of Rs.2,000.00, which must be paid within 30 days failing which, imprisonment of the contemner shall be extended by one month more.
+ The contemner must surrender before the Police within 30 days.
+ The order is to be placed before the CBEC for considering the proprieties of prosecuting the contemner under the provisions of the relevant Statute as the said act may also come within the purview of corrupt practices.
In a similar case booked by DRI, the Patna HC by its order dated 19.05.2011 had held that the seizure is illegal and the Department was directed to forthwith release the consignment and the vehicle. However, the authority did not release the said articles but continued with the investigation and vide order dated 07.06.2011 extended the period of investigation till 08.12.2011 under the provision of section 110(2) of the Customs Act, 1962. This order was also challenged and the High Court vide its order dated 12.08.2011 quashed the same. Since the goods were not released a contempt petition came to be filed and the High Court passed an order on 06.09.2012 similar to the one mentioned above. But this time, the officers are the Additional Director General, Directorate of Revenue Intelligence, Zonal Unit, Lucknow and the Commissioner of Customs, Central Revenue Building, Patna.
(See 2012 - TIOL-716-HC-PATNA-MISC. & 2012-TIOL-715-HC-PATNA-MISC.)