D.K. BALIA Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard both sides. We have perused the Writ Petition and the affidavit in reply. We have also perused the earlier orders. The prayer in the Writ Petition is to direct the respondents to issue a final reward to the petitioner in a time bound manner with interest at the rate of 18% and on the same line as was given to other officers.

(2.) The petitioner claims to have assisted the department in unearthing a evasion of duty. The petitioner was working as clearing agent at Mumbai Port. He gathered information on the importers who would smuggle goods for evading the customs duty. He was an informer of the customs department. The specific information was given by him and we need not to go into the details thereof. Upon the information given by the petitioner, the goods were seized and ultimately the requisite action in accordance with law was initiated. An order was passed by the Collector of Customs, State Government to be order -in -original. A sum of Rs. 14,00,000/ - has been paid as an advance reward. However, this is not the entire sum and the final reward has not been paid is the grievance of the petitioner. He made several representations and thereafter filed this Writ Petition.

(3.) In response to our earlier order dated 11th November, 2014, an affidavit is filed in this Court by the respondent Nos. 1 to 4. An affidavit of the Assistant Commissioner of Customs, Special Investigation and Intelligence Branch (Import) Mumbai, records that the department has recovered Rs. 2,35,74,974/ - as sale proceeds of the contraband goods. The penalty was imposed of Rs. 67,50,000/ - out of which Rs. 20,00,000/ - have been recovered. On instructions, Mr. Jetly states that the balance amount will be recovered within a period of three months.