2006 (5) TMI 220 - AT - Customs

Tribunal Orders Release of Gold Bars, Revenue Faces Contempt

The Tribunal ordered the release of seized gold bars, but the Revenue failed to comply, prompting contemplation of shutting down the Tribunal due to ... Appellate Tribunal - Non-implementation of order - Strictures against the Department Issues:1. Non-compliance with Tribunal's order for release of seized gold bars2. Contempt proceedings against Commissioner for failure to release the gold3. Consideration of closing down the Tribunal due to non-compliance with orders4. Directions to ensure compliance and possible actions against responsible officersAnalysis:The case involves the non-compliance of the Tribunal's order for the release of gold bars seized from an elderly lady under suspicion of smuggling. Despite multiple orders directing the release, the gold was not returned to the applicant. The Tribunal expressed concern over the Revenue's failure to comply with its orders, highlighting the importance of justice delivery. The Tribunal emphasized that if its orders are not respected, the purpose of its existence is undermined, suggesting the possibility of closing down the Tribunal to avoid unproductive expenses.Regarding the contempt proceedings, the Tribunal directed the Commissioner to appear and explain the non-compliance, warning of potential contempt action. The Tribunal emphasized the seriousness of the situation, indicating that failure to return the gold to the elderly lady was considered gross misconduct and judicial indiscipline. The Tribunal stressed the responsibility of all government officers to enforce legal procedures and ensure compliance with orders, highlighting the need for accountability and proper conduct.Furthermore, the Tribunal instructed that a copy of the order be sent to the Chairman of the C.B.E.C. for necessary action against the responsible officers. The Tribunal emphasized the importance of returning the gold to the elderly lady and indicated that failure to do so would be reflected in the Commissioners' Annual Confidential Reports as gross dereliction of duty. The Tribunal set a deadline for compliance with the release order and warned of potential referral to the High Court for contempt action if the order is not followed.In conclusion, the Tribunal stressed the significance of compliance with its orders, the enforcement of legal procedures, and the accountability of government officers. The case highlights the Tribunal's commitment to justice delivery and the consequences of non-compliance with its directives, emphasizing the need for proper conduct and adherence to legal obligations.