M/S Sri Exports vs The Commissioner Of Customs
2021 Latest Caselaw 530 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 8TH DAY OF JANUARY, 2021

                       PRESENT

   THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE

                         AND

THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

              C.C.C NO. 3 OF 2021 (CIVIL)

BETWEEN:
M/s SRI EXPORTS,
NEW ADDRESS: 101, ELDO RADO
ESTATES, 3-6-526
OPP. HOTEL MINERVA,
HIMAYATHNAGAR
HYDERABAD-500 029.

OLD ADDRESS:
D. No.1-8-702-32-373 F
No.A2, 2ND FLOOR, VENKATAKA SAI
NILAYAM, PADMA COLONY
HYDERABAD-500 044.
                                        ... COMPLAINANT

(BY SHRI PRASHANTH SABARISH SHIVADASS, ADVOCATE)

AND:
THE COMMISSIONER OF CUSTOMS
AIRPORT AND AIR CARGO COMPLEX
KEMPEGOWDA INTERNATIONAL
AIRPORT, DEVANAHALLI
BENGALURU-560 300.
                                            ... ACCUSED
                          ---

       THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO INITIATE
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CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR
HAVING WILLFULLY DISOBEYED THE JUDGMENT OF THIS
COURT DATED 16.10.2020 IN CSTA No.13/2019 C/W CSTA
No.14/2019, PUNISH THE ACCUSED FOR THE SAID CONTEMPT,
FURTHER ENFORCE THE SAID JUDGMENT AND ORDER
RELEASE OF THE IMPORTED GOODS, AND ETC.

      THIS CCC COMING ON FOR ORDERS THROUGH VIDEO
CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE
FOLLOWING:


                           ORDER

The breach alleged is of the order dated 16th October

2020 passed by a Division Bench of this Court in appeals

preferred by the Commissioner of Customs. By the said order,

the appeals have been dismissed.

2. The breach alleged by the complainant is that

notwithstanding the order dated 16th October 2020, the goods

illegally held by the accused have not been released.

3. A perusal of the order of this Court dated 16th

October 2020 shows that there is no such order made by this

Court about releasing the goods. Therefore, it cannot be held

that there is a breach of the order passed by this Court on 16th

October 2020. Hence, no case is made out to initiate

proceedings under the Contempt of Courts Act, 1971.

However, it will be open for the complainant to file appropriate

proceedings seeking release of the goods.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AHB