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PATNA HIGH COURT
Navaniti Prasad Singh, J.
M/s Ayesha Exports
Versus
Union Of India
MJC No. 798 of 2008 ;
Decided On : MAY 8, 2008
Contempt - Import Restrictions - The court found the contempt application infructuous as the Central Government had issued orders permitting the petitioner to import betel nuts from Jogbani. The Division Bench allowed the writ petition and quashed the notification of the Government, removing the legal impediment to importing betel nuts from Jogbani.
Fact of the Case:
The court found the contempt application infructuous as the Central Government had issued orders permitting the petitioner to import betel nuts from Jogbani. The Division Bench allowed the writ petition and quashed the notification of the Government, removing the legal impediment to importing betel nuts from Jogbani.
Finding of the Court:
The court found the contempt application infructuous as the Central Government had issued orders permitting the petitioner to import betel nuts from Jogbani. The Division Bench allowed the writ petition and quashed the notification of the Government, removing the legal impediment to importing betel nuts from Jogbani.
Issues: Contempt application, validity of the notification of the Central Government restricting import of betel nuts, implementation of court order, apology by the officer concerned, legal impediment in importing betel nuts from Jogbani
Ratio Decidendi: The court discharged the proceedings as the Central Government had issued orders permitting the petitioner to import betel nuts from Jogbani and the Division Bench had allowed the writ petition, removing the legal impediment to importing betel nuts from Jogbani.
Final Decision: The court accepted the unconditional apology tendered by the officer concerned and discharged the proceedings.
1. In my view, this contempt application has now become infructuous.
2. In the writ application, which challenges the validity of the notification of the Central Government restricting import of betel nuts, this Court had passed an interim order staying the notification of the Central Government and referred the matter to a Division Bench for final consideration. Notwithstanding the interim stay granted by this Court, the opposite party did not feel persuaded to implement the order of this Court and choose to refer the matter to higher authority holding that the order had been obtained from the Court on misrepresentation of facts. This was notwithstanding the fact that the Assistant Solicitor General was assisting the Court on behalf of the Central Government and the Central Government had filed a counter affidavit in the matter. This led to institution of the present proceeding. When this Court asked the officer concerned to be personally present in the Court, the officer concerned realized his mistake and tendered unconditional apology. Custom Department has since issued orders permitting the petitioner to import betel nuts from Jogbani.
3. Learned Assistant Solicitor General also brought to the notice to this Court that the Division Bench to which the writ petition had been referred by this Court for final disposal, has finally heard the matter and allowed the writ petition and quashed the notification of the Government.
It is now under the said circumstances that there is no legal impediment in importing the betel nuts from Jogbani. The apology, as unconditionally tendered by the officer concerned, is accepted and the proceedings are discharged.
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