AIR 1968 SUPREME COURT 1050 ::1968 Mah LJ 703 ::1968 MPLJ 719 ::1968 2 SCJ 727 ::1970 Bom LR 718

Supreme Court Of India

(From: Bombay)*

Hon'ble Judge(s): M. Hidayatullah, R. S. Bachawat, C. A. Vaidialingam, K. S. Hegde, A. N. Grover , JJJ

(A) Contempt of Courts Act (32 of 1952) , S.1— Contempt of Court - What amounts to -Criminal prosecution of person in connection with smuggling of gold imminent - Customs Officer in good faith initiating penalty proceedings against same person @page-SC1051on same facts under Ss. 111 and 112, Sea Customs Act - Does not amount to contempt of criminal court. Where a criminal prosecution of the appellant on the basis of F. 1. R. in respect of offences in connection with smuggling of gold, under S. 120-B I. P. C. read with S. 135, Sea Customs Act, R. 131-B. Defence of India Rules and S. 8 Foreign Exchange Regulation Act was imminent and the Collector of Customs initiated proceeding under Ss. 111 and 112, Sea Customs Act against the appellant on the same facts. Held that such initiation of proceeding bona fide by the Custom Officer and in discharge of his statutory duty did not amount to contempt of criminal court even though identical issues might arise in the imminent prosecution. To constitute contempt of court, there must be involved some act done or writing published calculated to bring a court or a judge of the court into contempt or to lower his authority or something calculated to obstruct or interfere with the due course of justice or the lawful process of the courts. ....