NAVEEN GOEL Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This matter was listed today primarily for considering an objection note of the Stamp Reporter, High Court, Original Side in relation to registering the stay petition of the appellant taken out in connection with the appeal. This appeal is against an order of a learned Single Judge of this Court passed in exercise of jurisdiction under Art. 226 of the Constitution of India. The stay petition is supported by an affidavit affirmed before the Attache(Passport), High Commission of India, Singapore on 14th Dec. 2016. It is for this reason the department had declined to accept the petition for registering the same for subsequent listing. Under the provisions of Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (Act 41 of 1948), authorities specified therein have been conferred with notarial power as also the power to administer oath. This matter was mentioned before us by Ms. Saha, learned counsel for the appellant bringing to our notice the fact that the department was not registering the stay petition and we sought a report from the department in that regard. In the report furnished before us, the Stamp Reporter, referring to a decision of an Honourable Single Judge of this Court in the case of Sudebi Sundari Mondal Vs. State of West Bengal & Ors. (AIR 1983 Cal 1), has recorded:-

(2.) In the judgment of Sudebi Sundari (supra), it was held that in a writ petition, affirmation of an affidavit before a Notary Public was impermissible.

(3.) We had requested Mr. J.P. Khaitan, learned Senior Advocate to assist us in taking a decision on this point and today he has made his submissions and cited several authorities, to which we shall refer to later in this judgment. In Sudebi Sundari (supra), it was, inter-alia, observed:-