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2003 (12) TMI 55 - SC - CustomsWhether the respondent had any legal right to claim the amount by way of reward as a matter of right? Held that:- This is not a case where some large scale smuggling operations had been brought to light or the identity of some hard core smugglers had been revealed as a result of the information given by the respondent. Yet the learned Single Judge of the High Court issued a writ that apart from ₹ 10 lakhs which had already been paid a further amount of ₹ 25 lakhs should be paid to the respondent within four weeks and the appellant was further directed to determine the respondent's entitlement of balance amount of the reward and pay the same within three months. The Division Bench in appeal only partly modified the order and issued directions for payment of ₹ 5 lakhs within three weeks on the receipt of the copy of the order and a further sum of ₹ 5 lakhs within three weeks thereafter. It was further directed that in case the department failed to comply with the aforesaid direction within the stipulated time, it will have to pay the rest of the amount as per the orders of the learned Single Judge. We do not find any justification for passing these kind of peremptory orders. It is not a case of any hardship having been caused like delay in making payment of compensation to victims of an accident or to an agriculturist whose land may have been acquired depriving him of his only source of livelihood. On merits also we are clearly of the opinion that the orders passed by the High Court are not only wholly unwarranted but are also without any legal basis and are consequently liable to be set aside.
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