YAKUB IBRAHIM YUSUF Vs. UNION OF INDIA

JUDGEMENT

(1.) P .C. This Contempt Petition is moved by one Yakub Ibrahim Yusuf for committing the respondents to contempt of court for the alleged wilful disobedience of the order dated 9.10.2001 passed by a Division Bench of this Court. At the outset, the learned counsel for the petitioner stated that the petitioner does not press the Contempt Petition against respondent no. 2 Deepak Shetty, Addl. Commissioner of Customs, and respondent no. 3, P.V. George, Asstt. Director, Directorate of Revenue Intelligence.

(2.) APPARENTLY , the petitioner was found in possession of certain quantity of gold at Sahar airport, Mumbai. That gold was confiscated. Also foreign currency to the extent of Rs. 6.5 lakhs was also confiscated. In these proceedings, eventually the Customs, Excise & Gold (Control) Appellate Tribunal, West Regional Bench, Mumbai (for short "CEGAT") passed an order dated 9.11.2000 to the following effect :- The gold was directed to be confiscated. The petitioner was, however, allowed to redeem the gold. He was further allowed to re-export the gold on payment of fine of Rs. 10 lakhs. The penalty of Rs. 50 lakhs was reduced to Rs. 5 lakhs. The confiscation of foreign currency was set aside and the petitioner was allowed to re-export the same, in accordance with law.

(3.) THE petitioner moved a Division Bench of this Court. The Division Bench passed an order which has given rise to this Contempt Petition. The relevant part of the order of the Division Bench reads as follows :- "2. The only prayer made in this petition is to direct the respondents to enforce the order of CEGAT. Mr. Deodhar, the learned Counsel appearing for the respondents fairly stated that there is no stay to the order of the Tribunal. He stated that the Department intends to make an application to CEGAT for stay of its order. If department fails to obtain stay within a period of 4 weeks, they shall forthwith enforce the order of the Tribunal and to make payments to the petitioner as per order dated 9th November, 2000 which is confirmed by order dated 1st August, 2001."