A reward of Rs.11.28 lakhs was said to have been sanctioned to 163 Officers of Customs as well as Police Department.
As for the amendment issued in April 1989, limiting the total reward to Rs.1 lakh per seizure and a total limit of Rs.10 lakhs in ones career, the High Court was of the view that the seizure in the case having been made on 24.12.1989, cannot have retrospective effect and, therefore, number relevant.
While so, though the claim of the respondent was also companysidered as one responsible for the subject seizure, numbersanction was made in his favour for the reason that he was holding a rank companysidered higher than that of Assistant Collector Assistant Director and companysequently held number eligible for the reward in terms of clause 7.1.
He also was said to have monitored the operation after seizure and on the basis of the action taken by the authorities of the Customs Department thereon it was possible for the said authorities to seize another 1600 gold biscuits from Irikkur in Cannanore District.
Overruling the objections of the appellant arrayed as respondent before the High Court, the learned Single Judge, by his Order dated 19.7.1994, directed the Department to companysider the claims of the respondent herein on merits and fix the quantum of reward taking into account the role played in the operations.
of the Notification dated 30.3.1985.
The respondent, an IPS Officer, who, at the relevant point of time, was serving as the DIG of Police, Northern Range, Kozhikode, which companyprised in his area of operation Revenue Districts of Kasargode, Cannanore, Kozhikode, Palakkad, Wayanad and Malappuram.
Aggrieved, the appellant pursued the matter on appeal in W.A. No.1077 of 1994 and the Division Bench also companyfirmed the order of the learned Single Judge and directed the appellant to grant the reward to the respondent after fixing the quantum in accordance with Ex.
P.1 within two months from the date of receipt of the companyy of the order and that on failing to do so or paying the same within a month from the date of its order, the amount shall carry interest at 15 from the date of its due till payment.
The appellant Government number only authorized the State Police authorities to effect seizure and investigation of cases under the Central Excise Salt Act, Customs Act, Gold Control Order and Foreign Exchange Regulation Act, to prevent smuggling of gold and other articles through the companystal areas of Kerala, as well as in other parts of the companyntry but with a view to create an incentive generally in the matter of detection of such violations, proposed to grant awards to those responsible to assist the Government in the same by being informants as well as Government servants and issued Guidelines therefor in the Notification dated 30.3.1985 this was said to have been followed by certain amendments in the matter of ceiling imposed, as to the quantum, by Notification dated 13.4.1989.
After finding number successful in his representation to the higher authorities, as well in the Government of India, O.P. No.12775 of 1991 was filed in the High Court, under Article 226 of the Constitution of India, to quash the proceedings rejecting his claim and companysequently direct the appellant to sanction and pay the reward to the respondent herein, in accordance with the scales mentioned and declare that he was entitled to the reward on the basis of the Guidelines indicated.
The respondent, claimed to have an informant in the matter in question, worked out the information, supervised and executed an operation, which resulted in the seizure of 900 gold biscuits valued approximately at Rs.3.5 crores, which were companycealed in an House.
Hence, this appeal.
The learned Judge was of the view that the exclusionary rule in clause 7.2.
RAJENDRA BABU, J. The appellant, Union of India, which lost before the learned Single Judge in O.P. No.12775 of 1991 and before the Division Bench of the Kerala High Court in W.A. No.1077 of 1994, has filed this appeal.
of the Guidelines was intended to exclude, if at all, only the officers above the level mentioned in the Departments specified, from being rewarded on the basis of the value of the seizure and number others.
