K M AFZAL Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER, one Mr. K. M. Afzal is before this Court, inter alia, seeking a direction to the respondents to pay the petitioner by way of reward amount of 20% of the value of the contraband goods seized on the information furnished by him after deducting the amounts already paid by way of reward. Petitioner contends that he was constrained to approach this court in view of the inaction on the part of the respondents in settling the reward in spite of long lapse of time and in spite of repeated requests and representations. The basis for such a claim by the petitioner for grant of reward is the notification and the standing orders issued by the Ministry of Finance. The government of India Notification as per para 3. 1 of Standing order No. 41 of 1985 for grant of reward to the informants and government servants read as follows:

(2.) THE Standing Orders would clearly indicate that the in formers will be eligible for rewards up to 20% each of the estimated market value of the contraband goods seized. Prerequisite under the Standing Orders is that the goods must be contraband or smuggled goods and the informant should give information for seizure of such goods and then only the informant would be eligible for grant of reward.

(3.) IT is the case of the respondents that the goods seized on the information of the informant is not the contraband/smuggled goods but the goods on which import duty had already been paid under T. R. Rules, 1978. They also state in their objection that under the Baggage (Condition of Exemption) Rules, 1975, the goods cleared on baggage shall not be sold/displayed/offered for sale etc. , until they have been used for a period of not less than five years from the date of clearance. Therefore, the information that was furnished by the petitioner/informant was not the information leading to the seizure of contraband goods but a case in respect of goods on which duty had been paid. This assertion of the respondents is not denied by the petitioner either by filing additional statement nor at the time of making submission before this Court. In view of this, petitioner to claim for the grant of reward cannot take assistance of the notification and the standing orders of Ministry of Finance Standing Order No. 41 of 1985.