Tuesday, September 11, 2012

High Court Fumes & Sends Dept’s Top Brass To Jail For “Gross Contempt”

Birendra Kumar Singh vs. UOI (Patna High Court)




The assessee’s truck loaded with betel nuts was seized by the customs authorities on the suspicion that the assessee was indulging in smuggling. The assessee filed a Writ Petition to challenge the seizure which was allowed by the High Court and the customs authorities were directed to unconditionally release the truck immediately. Despite the High Court’s verdict, the customs authorities issued a show-cause notice threatening confiscation. The assessee filed a contempt petition against the department. The department defended its stand and at the same time tendered an unconditional apology. HELD by the High Court:

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