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2008 Supreme(Pat) 677

NAVANITI PRASAD SINGH
Ayesha Exports – Appellant
Versus
Union Of India – Respondent


Judgment

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 Gen

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