Customs Department Ordered to pay Reward to Informer
A Customs informer was before the Bombay High Court in a writ petition with the grievance that the Customs Department was not paying him the balance of reward amount due to him. It is his plea that because of the specific information given by him, the Customs could seize a huge consignment and could even get an amount of Rs. 2.65 crores by selling the confiscated goods. They gave the informer the initial reward of Rs. 5 lakhs and refused to pay the balance.
The Deputy Commissioner of Customs filed a detailed affidavit in the High Court where he took the plea that:
1. The Department already had the information.
2. The Reward Committee was not in favour of any further reward.
3. The contention of the Petitioner that he is entitled to balance reward of Rs.48 lacs is totally misplaced, as the Petitioner cannot claim any reward as a matter of right.
4. The reward is purely ex gratia payment which may be granted on absolute discretion of the authority competent to grant reward and no party can claim the reward as a matter of right.
The High Court did not appreciate this and wondered why the department did not initiate action if it already had the information. The High Court observed,
In our considered opinion, the officers who were in receipt of the said information but failed to act upon it, is a matter of serious concern and also a matter of investigation for the higher authorities. The affidavit of the Deputy Commissioner of Customs in unequivocal terms admits that the Petitioner provided information on 19th July, 2010 about imports of consumer goods by concealing them in five containers and based upon the same, action was taken against the said containers. It is worth to note here that from January 2010 to July 2010 the officers of the Respondent authorities did not act upon so called or alleged information, which was already with them. However, after the receipt of information on 19th July, 2010 from the Petitioner, they conducted the raids in the matter.
We are of the opinion that, the Customs officers at this stage cannot be allowed to take a specious plea that they were already in receipt of the information since January 2010 and therefore, the Petitioner is not entitled for further reward amount.
According to us and in our considered opinion, the stand taken by the Respondent authorities appears to be clearly an afterthought, taken only with a view to deprive the informer / Petitioner from his legitimate dues / payments towards his reward as per the reward policy.
The High Court noted that the informer cannot be left to the whims and caprices and /or mercy of the Respondents and/or the members of the Reward Committee. The High Court also noted that if the payment of reward is not made to the informers within a stipulated period and as per the guidelines prescribed by the reward policy dated 16th April, 2004, the informers will not come forward with information.
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