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2008 (1) TMI 815

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..... to all just exceptions. CM. No. 206 of 2008 and CWP No. 18601 of 2007 After notice of motion, on 20-12-2007, the following interim order was passed by this Court :- In pursuance of our order dated 18-12-2007, Mr. Kamal Sehgal learned counsel for the respondents has placed on record a copy of the letter dated 19-12-2007 showing that a fact finding Committee headed by an Officer in the grade of Deputy/Assistant Commissioner has been constituted which is to submit its report and appropriate action is to be taken against the erring Officer. However, we are not satisfied that a Committee could be headed by Deputy/Assistant Commissioner to probe a scam of such a magnitude as is claimed by the respondents. We are of the view that an Officer .....

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..... Seizure of the bank account of the petitioners shall be released forthwith. The above arrangement is by way of interim measure. However, the petitioners shall abide by final order determining their liability in appropriate proceedings under the Act (subject to their statutory remedy). The petitioners shall cooperate with the respondent-department. List again on 10-1-2008. A copy of the order be given dasti under the signatures of Bench Secretary. 2. After passing of the aforesaid order, Mr. Dheeraj Rastogi, Joint Director, Directorate of Revenue Intelligence, Ludhiana Regional Unit, Ludhiana, wrote a letter to the Additional Commissioner, Container Freight Station (CFS), Focal Point, Ludhiana, for provisional release of the seized .....

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..... but the said officer has modified/altered the said order by adding these two conditions. Therefore, learned counsel contends that the officer has committed the contempt of court. 4. Prima facie from reading of the letter (Annexure P6), which has been placed on record by the petitioners by filing Civil Misc. application No. 258 of 2008, we are of the opinion that the above-mentioned two conditions i.e. Conditions No. (iii) and (iv), which have been added by the aforesaid officer, were not imposed by this Court while passing the interim order. By making the alteration in the interim order dated 20-12-2007 passed by this Court, the said officer appears to have committed the contempt of court. 5. Let suo-moto notice of contempt returnable .....

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