H. L. DATTU, J. ( 1 ) PETITIONER, one Mr. K. M. Afzal is before this Court, inter alia, seeking a direction to the respondents to pay the petitioner by way of reward amount of 20% of the value of the contraband goods seized on the information furnished by him after deducting the amounts already paid by way of reward. Petitioner contends that he was constrained to approach this court in view of the inaction on the part of the respondents in settling the reward in spite of long lapse of time and in spite of repeated requests and representations. The basis for such a claim by the petitioner for grant of reward is the notification and the standing orders issued by the Ministry of Finance. The government of India Notification as per para 3. 1 of Standing order No. 41 of 1985 for grant of reward to the informants and government servants read as follows:"informers and Government Servants will be eligible for rewards up to 20% each of the estimated market value of the contraband goods seized. In respect of gold, silver, opium and other narcotic drugs etc. , the overall ceiling for rewards (based on broadly 20% of the value of these items, as reckoned by the Government for the present) are shown in the Annexure. These would be subject to periodical revision in the light of price fluctuations about which timely intimations should be sent to D. G. R. I. every quarter to enable him to recommend appropriate revision, as and when warranted, to the Ministry" ( 2 ) THE Standing Orders would clearly indicate that the in formers will be eligible for rewards up to 20% each of the estimated market value of the contraband goods seized. Prerequisite under the Standing Orders is that the goods must be contraband or smuggled goods and the informant should give information for seizure of such goods and then only the informant would be eligible for grant of reward. ( 3 ) IT is the case of the respondents that the goods seized on the information of the informant is not the contraband/smuggled goods but the goods on which import duty had already been paid under T. R. Rules, 1978. They also state in their objection that under the Baggage (Condition of Exemption) Rules, 1975, the goods cleared on baggage shall not be sold/displayed/offered for sale etc.
They also state in their objection that under the Baggage (Condition of Exemption) Rules, 1975, the goods cleared on baggage shall not be sold/displayed/offered for sale etc. , until they have been used for a period of not less than five years from the date of clearance. Therefore, the information that was furnished by the petitioner/informant was not the information leading to the seizure of contraband goods but a case in respect of goods on which duty had been paid. This assertion of the respondents is not denied by the petitioner either by filing additional statement nor at the time of making submission before this Court. In view of this, petitioner to claim for the grant of reward cannot take assistance of the notification and the standing orders of Ministry of Finance Standing Order No. 41 of 1985. ( 4 ) HOWEVER, respondents in their statement of objections have stated as under:"in the instant case all the goods were redeemed by the bona fide owners of the goods on payment of fines and penalties, levied on them in the adjudication orders passed by the Competent Authorities. Incidentally the total amount of fines and penalties collected in the present case is Rs. 1,89,500/- and 20% of this will works out to rs. 37,900/ -. It is admitted by the petitioner that the total sum of Rs. 28,000/- has been paid to the petitioner in two instalments and an amount of Rs. 9,900/- is stated to be due to the petitioner. " ( 5 ) EVEN according to the respondents, petitioner is entitled for Rs. 37,900/- and out of which only a sum of Rs. 28,000/- has been paid to him. In that view of the matter it was proper on the part of respondents to have settled the balance of amount of rs. 9,900/- payable to the petitioner, instead of driving the petitioner to approach this Court. In that view of the matter, a direction requires to be issued to the respondents to pay a sum of rs. 9,900/- to the petitioner being the balance of reward amount. ( 6 ) FOR the reasons stated, the relief as sought for by the petitioner cannot be granted by this Court but in view of the statement made by respondents, petitioner is eligible and entitled for the payment of balance amount of Rs.
9,900/- to the petitioner being the balance of reward amount. ( 6 ) FOR the reasons stated, the relief as sought for by the petitioner cannot be granted by this Court but in view of the statement made by respondents, petitioner is eligible and entitled for the payment of balance amount of Rs. 9,900/- and the same will be paid by respondents to the petitioner within a month from the date of receipt of this order. ( 7 ) WITH these observations and directions, petition is disposed off. In the facts and circumstances of the case, parties are directed to bear their own costs. --- *** --- .