Writ Petition No. 1882 of 2014. Case: XYZ Vs Union of India. High Court of Bombay (India)
| Case Number | Writ Petition No. 1882 of 2014 |
| Counsel | For Appellant: Shri Brijesh Pathak, Adv. and For Respondent: Shri S.P. Bharti, Adv. |
| Judges | B.R. Gavai and A.S. Gadkari, JJ. |
| Issue | Customs |
| Citation | 2015 (321) ELT 238 (Bom) |
| Judgement Date | April 27, 2015 |
| Court | High Court of Bombay (India) |
Judgment:
A.S. Gadkari, J.
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The Petitioner, an informer of the Customs Department has filed the present Petition for a writ of Mandamus or any other appropriate writ, order or direction thereby directing the respondents and their subordinate officers to forthwith release the balance amount of reward due and payable to the petitioner and for declaration that the actions on the part of the respondents by not disbursing/paying the balance amount of reward to the petitioner by gross abuse of the powers conferred upon them as, illegal, without justification, null and void and for other consequential reliefs.
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The petitioner is an informant of the Customs Department and provides the information to the respondents which has enabled the respondent Department to collect huge amount of revenue in the treasury of the Government. It is contended by the petitioner that when a person acts as an informer, he risks his security and safety, which ultimately enables the respondent Department to garner revenue because of the disclosure of the illegal activities which are being committed by the importers. It is the case of the petitioner that the respondents are duty bound to act on the scheme/policy framed for rewarding such an informer. That the petitioner gave information to the respondent No. 5 i.e. the Commissioner of Customs (I), Jawaharlal Nehru Custom House, Nhava Sheva, Raigad in July 2010 about specific goods which were imported by Bill of Lading No. 859498700 and IGM No. 24234/407. Based on the information provided by the petitioner the Customs officials conducted raids and seized the goods.
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It is further the case of the petitioner that the investigation into the said case culminated into issuance of a show cause notice by the respondent No. 5 to the said importers and after adjudication of the proceedings, by an order dated 31st March, 2011 the said goods were confiscated and penalty was imposed on the importers. The respondents subsequently paid an advance reward amount of Rs. 5 lacs to the petitioner after the seizure of the said goods as per the reward policy framed by the Ministry of Finance, Department of Revenue, Government of India dated 16th April, 2004 bearing F. No. R-13011/6/2001-Cus (AS). It is the contention of the petitioner that as per the said policy, the balance amount which is due and payable has not been paid by the respondents to him. The petitioner further submitted that despite repeated reminders and representations, the respondents have failed to make the payment of the balance reward amount and therefore, the petitioner was left with no other alternative than to approach this Court by filing the present Petition.
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After receipt of notice of the present Petition, Mr. Shyam Kanu Mahanta, Deputy Commissioner of Customs (CIU), Jawaharlal Nehru Customs House, Taluka Uran, District Raigad has filed a detailed affidavit in response thereto. In the said affidavit, it is stated that the department received information some time in January 2010 about smuggling of consumer goods by misdeclaring the same as "Welded Mesh". That SIIB, ICD, Tuglakabad had detected case in February 2010 where consumer goods were sought to be cleared in the name of "Welded Mesh". Accordingly, an All India Alert had been issued on 17th and 23rd February, 2010 in the name of some of the firms including M/s. Track Exports India Pvt. Ltd. It is further stated that the said alert was circulated to all sections on 4th March, 2010 to foil such an attempt. He has further stated that the department during watch on such imports also received information from the Petitioner on 19th July, 2010 about imports of consumer goods by concealing them in five containers. During...
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