Customs loses a case for not depositing Rs.2500/-
They arrested a person and promptly prosecuted him under the Customs Act and was successful in getting a conviction for three years in the first court. On appeal, the Sessions Judge, found that no evidence whatsoever had been recorded after the charge was framed but instead of quashing the conviction, he remanded the matter to the lower court to grant opportunity to the Prosecution to conclude its evidence. However, he imposed costs of Rs.2,500/- on the prosecution as and by way of a precondition. It was clearly mentioned in the order that the amount was to be paid on or before 08.01.2003.
So far so good.
The department which collects over a Lakh of Crores of taxes, could not find the Rs. 2500/- to comply with the directions of the Sessions Court.
The accused moved the High Court.
The High Court held that since the pre condition itself has not been satisfied as directed by the impugned order, no further proceedings can take place. The effect of this is that the accused stands acquitted.
After taking the trouble of arresting somebody and prosecuting him, the Revenue department miserably fails to take the case to its logical conclusion, for a paltry 2500 rupees! Why does this happen? And who is responsible?
Once a case goes to the Court or for that matter the Tribunal, the department loses interest in the case. They believe it is someone else’s responsibility. The DRs and standing counsels find it almost impossible to get any assistance from the department. They are at best treated as a nuisance. No wonder they lose cases!
It is only the government which can afford to lose a case because they could not pay Rs. 2500/-. The file to sanction Rs. 2500/- must be still doing the rounds in the bureaucratic maze as the accused was acquitted by the High Court.
See JAGAN RAM HANUMAN RAM Vs COLLECTOR OF CUSTOMS