Patna High Court
M/s Ramesh Kumar Baid and Sons (HUF)versusUnion of India through the Chief Commissioner of Customs
- Decided
- Disposal
- DISMISSED
Holding
The Court held that no contempt occurred as the notice was permissible under the Supreme Court’s clarification allowing further investigation under the Customs Act.
Summary
The petitioners, a family HUF, filed a contempt petition alleging that the Union of India and customs officials violated the Patna High Court's order dated 20‑12‑2019 in Letters Patent Appeal No. 1302/2019, which quashed a seizure memo and directed release of goods. After the Supreme Court, in SLP(C) No. 7146/2021, clarified that the quashing does not bar further investigation under the Customs Act, the respondents issued a show‑cause notice for a personal hearing in August 2025. The petitioners claimed this notice amounted to contempt of the High Court judgment. The Court examined the Supreme Court’s clarification and held that the respondents acted within the liberty granted by that order. Consequently, the Court found no contempt and dismissed the petition.
Issues considered
- Whether the issuance of a show‑cause notice for a personal hearing by customs authorities constitutes contempt of the Patna High Court judgment dated 20‑12‑2019 in LPA No. 1302/2019.
Legislation cited
Subjects
- contempt of court
- customs seizure
- Supreme Court clarification
- Letters Patent Appeal
- investigation under Customs Act
- release of goods
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3522 of 2025
In
Letters Patent Appeal No.1302 of 2019
======================================================
M/s Ramesh Kumar Baid and Sons (HUF) Babu Bazar Building Room No.
C4A, S.S. Road, Fancy Bazar, Guwahati 781001 (Assam) Through their
Karta, Ramesh Rajendra Prasad Baid @ Ramesh Kumar Baid, Son of
Rajendra Prasad Baid, aged about 40 years, Male, Resident of Plot No.
419/521, Gurukrupa, Near Lendra Park Ramdaspeth, P.S. Ramdaspeth,
District Nagpur, Maharashtra 440010.
... ... Petitioner/s
Versus
1. Union of India through the Chief Commissioner of Customs Central
Revenue Building, Bir Chand Patel Path, Patna namely Vikas Kumar, Son of
Not Known to the petitioner.
2. The Commissioner of Customs (Preventive), Central Revenue Building, Bir
Chand Patel Path, Patna namely Dr. Mohan Kumar Meena, Son of Not
Known to the Petitioner.
3. The Additional Commissioner of Customs (Preventive), Central Revenue
Building, Bir Chand Patel Path, Patna Cum Adjudicating Authority namely
Anish Gupta, Son of Not Known to the Petitioner.
4. The Assistant Commissioner, Customs (Preventive) Division Forbesganj,
District Araria Bihar namely Sachin Kumar Mazumdaar, Son of Not Known
to the Petitioner.
5. The Superintendent (Adjudication), Office of Commissioner of Customs
(Preventive), Division Forbeganj, District Araria Bihar namely Neeraj
Kumar, Son of Not Known to the Petitioner.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prabhat Ranjan, Advocate
For the Opposite Party/s : Mr.Additional Solicitor General
For the UOI : Dr. Krishna Nandan Singh, Sr. Adv. (ASGI)
: Mr.Anshuman Singh, Sr. SC, Custom
: Mr.Shivaditya Dhari Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RITESH KUMAR)
2 22-01-2026 Heard the parties.
2. The present contempt petition has been filed for the
following reliefs:-
Patna High Court MJC No.3522 of 2025(2) dt.22-01-2026
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"For initiation of contempt proceeding against the
opposite parties for deliberate and willful violation of the order
dated 20.12.2019 passed in LPA No. 1302 of 2019 by a Division
Bench, whereby the Division Bench was pleased to set aside the
judgment dated 05.09.2019 passed in CWJC No. 6563 of 2019
by a learned Single Judge of this Court, and allowed the
petitioner’s prayer for quashing the seizure memo dated
06.02.2019, as also all consequential actions seizing the goods
and vehicle in question, for such action to be without any basis
having no mandate of law. The writ petition was allowed in
terms of the prayer, with a further direction to the authorities
concerned to forthwith release the goods.”
3. Learned counsel for the petitioner submits that
against the order dated 22.12.2019 passed in LPA No. 1302 of
2019, the Union of India preferred SLP(C) No. 7146 of 2021
before the Hon’ble Apex Court and the same was disposed of
vide order dated 15.09.2022 with a clarification that the
quashing of the seizure memo does not mean the appellants
cannot investigate, and proceed in accordance with law under
the provisions of the Customs Act, 1962. After passing of the
order dated 15.09.2022 by the Hon’ble Supreme Court of India
in SLP (C) No. 7146 of 2021, the opposite parties, giving effect
to the show-cause notice which stood quashed, decided to
resume the confiscation proceedings, and issued a notice for
Patna High Court MJC No.3522 of 2025(2) dt.22-01-2026
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personal hearing vide C. No. VIII(10)50-Cus/JC/FBG/2019
dated 12.08.2025, notwithstanding the fact that the seizure
memo itself, which was the basis of the entire proceeding, stood
quashed by the Division Bench of this Court, without any
interference in such quashing of seizure memo by the Hon’ble
Apex Court.
4. It has further been contended on behalf of learned
counsel for the petitioner that by issuing the aforementioned
notice/show-cause notice for personal hearing, the opposite
parties have committed gross contempt of the judgment passed
by a Division Bench of this Court in Letters Patent Appeal No.
1302 of 2019.
5. Per contra the learned Assistant Solicitor General
for the Union of India has stated that LPA bearing No. 1302 of
2019 was allowed and the judgment dated 05.09.2019 passed in
CWJC No. 6563 of 2019 by a learned Single Judge of this Court
was set aside. The writ petitioner’s prayer for quashing the
seizure memo dated 06.02.2019, as well as all consequential
actions seizing the goods and vehicle in question was allowed,
with a further direction to the authorities concerned to forthwith
release the goods.
6. In compliance thereof, vide order dated 03.02.2020,
Patna High Court MJC No.3522 of 2025(2) dt.22-01-2026
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issued under the signature of the Assistant Commissioner,
Customs (P) Division, Forbesganj, the goods were released,
subject to an undertaking to be filed by the petitioner to the
effect that the implementation of the order would abide by the
final order to be passed by the Hon’ble Apex Court in any
appeal, if preferred by the department.
7. It was further contended that the Union of India
preferred Special Leave Petition (C) No. 7146 of 2021 against
the final judgment and order dated 20.12.2019 passed in LPA
No. 1302 of 2019. The same was heard, and by order dated
15.09.2022, the Hon’ble Supreme Court of India was pleased to
dispose of the appeal preferred by the Union of India by
observing that, as the goods have already been released, we are
not inclined to interfere with the decision of the High Court
quashing the seizure memo. However, we clarify that the
quashing of the seizure memo does not mean that the appellants
cannot investigate and proceed in accordance with law under the
provisions of the Customs Act, 1962.
8. It has been contended by the respondents that in
view of the liberty granted by the Hon’ble Supreme Court of
India vide its order dated 15.09.2022, the notice for personal
hearing was issued on 12.08.2025. The relevant part of order
Patna High Court MJC No.3522 of 2025(2) dt.22-01-2026
5/6
dated 15.09.2022 is reproduced herein below:-
“However, we clarify that the quashing of the seizure
memo does not mean the appellants cannot investigate, and
proceed in accordance with law under the provisions of the
Customs Act, 1962.”
9. It has been informed by the learned counsel
appearing on behalf of the petitioner that a writ petition bearing
CWJC No. 16786 of 2025 has already been filed, challenging
the action of the opposite parties in issuing notice for personal
hearing by letter dated 12.08.2025 and by order dated
16.10.2025 passed in CWJC No. 16786 of 2025, by a Division
Bench of this Court, the respondents have been directed to file
counter affidavit before 07.11.2025. The matter was directed to
be listed on 07.11.2025. The above-mentioned writ petition is
still pending for adjudication before this Court.
10. From the documents on record and the pleadings
advanced by learned counsel for the parties, we are of the
opinion that no case of contempt is made out. We find that there
is no violation of the judgment and order dated 20.12.2019
passed in LPA No. 1302 of 2019 and the opposite parties have
acted in terms of the liberty granted by the Hon’ble Apex Court
in SLP(C) No. 7146 of 2021 vide order dated 15.09.2022.
Patna High Court MJC No.3522 of 2025(2) dt.22-01-2026
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Accordingly, the present contempt petition is dismissed.
(Sudhir Singh, J)
( Ritesh Kumar, J)
vinita/-
U
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