JHANTU DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner for initiating a proceeding of contempt of court against the opposite parties for deliberate and willful non-compliance/violation of order dated 12.8.2011 by which this court allowed CWJC No. 9644 of 2011 filed by the petitioner and quashed the impugned order dated 7.6.2011 passed by the Commissioner of Customs (Preventive), Patna (Camp at Lucknow) and the respondents authorities were directed to abide by the orders, which have already been passed and/or which may be passed in future in LP.A. No. 928 of 2011 and to act accordingly.

(2.) It may be noted in this connection that the respondents filed M.J.C. No. 49 of 2012 for modification of order dated 12.8.2011, but the said M.J.C. case was dismissed for non-prosecution vide order dated 15.2.2012.

(3.) Learned counsel for the petitioner argued that in the present case more than a year has passed since the seizure of the goods, but till date no notice under Sec. 124 of the Act has been issued and the decision of the Commissioner to extend the period of issuance of show-cause notice had already been quashed by this court, hence the retention/detention of the goods by the authorities is absolutely beyond jurisdiction apart from being contemptuous in view of the order of this court dated 12.8.2011 passed in CWJC No. 9644 of 2011, specially when the interim order of the Division Bench dated 24.6.2011 and 30.6.2011 are no longer continuing. With respect to the question as to how contempt is made out, the petitioner has raised the following points: