Shree Bhairav Nath Enterprise vs. Pradeep Kumar Dwivedi, Ias

Facts

The petitioner, Shree Bhairav Nath Enterprise, filed a contempt petition alleging non-compliance with a High Court order dated August 29, 2024, passed in W.P.(C) No. 5600/2021. The original writ petition challenged an FIR dated September 11, 2021, an order dated September 21, 2021, directing the auction of seized areca nuts, and subsequent auction notices. The High Court, in its order dated August 29, 2024, had found the seizure of areca nuts to be illegal as there was no material to suggest they were dangerous or involved in any offense, despite the initial suspicion of unlawful goods transportation. The Court directed the return of auction money to the petitioner within 10 days. The contempt petition was filed because the petitioner alleged this order was not fully complied with. The respondent, the District Commissioner, Sribhumi, Assam, submitted that a sum of Rs. 1,84,26,657/- has been deposited into the petitioner's account after statutory deductions from the auction proceeds of Rs. 1,93,97,052/-.

Held

The Court held that the order dated August 29, 2024, passed in W.P.(C) No. 5600/2021, has been complied with. The respondent submitted that out of the auction sale proceeds of Rs. 1,93,97,052/-, after statutory deductions including Rs. 9,70,395/- as GST, a sum of Rs. 1,84,26,657/- has been deposited into the petitioner's account. A letter from the Deputy Commissioner's office confirmed the constitution of a committee to ascertain the petitioner's claim and release the auctioned amount. The committee found that 45265 Kgs of betel nut belonging to the petitioner was seized and auctioned. The sanction for payment of Rs. 1,84,26,657/- to the petitioner was accorded after proper verification. In view of these submissions and the materials placed on record, the Court was of the opinion that nothing further survived for adjudication. The contempt petition was accordingly closed, and the show cause notice was recalled and discharged.

Key Issues

1. Whether the order dated 29.08.2024 passed in W.P.(C) No. 5600/2021 has been complied with by the respondents, specifically concerning the return of auction money to the petitioner, as per Section 451 of the Cr.P.C. and the principles of natural justice. Petitioner's contention: The petitioner alleged non-compliance with the High Court's order directing the return of auction money. Respondent's contention: The respondent, represented by the District Commissioner, submitted that a substantial portion of the auction proceeds, after statutory deductions including GST, has been deposited into the petitioner's account, indicating compliance with the Court's order. They placed on record a letter from the Deputy Commissioner's office detailing the committee's findings and the sanction for payment.