2005 (9) TMI 421 - AT - Customs

Summary

Issues:
1. Failure to implement the order of CESTAT for the release of confiscated Indian currency.
2. Lodging of an appeal in Bombay High Court seeking a stay on the CESTAT order.
3. Negligence on part of the Commissioner (Preventive) and other officers in implementing the CESTAT order.
4. Direction for the return/release of the confiscated currency along with interest.

Analysis:
1. The judgment addresses the failure to implement the order of CESTAT for the release of confiscated Indian currency. The applicant had appealed against the confiscation, and CESTAT had allowed the appeal, ordering the return of the currency. However, the authorities responsible for implementing the order did not respond to the applicant's requests for release, leading to the application before CESTAT.

2. The judgment discusses the lodging of an appeal in the Bombay High Court seeking a stay on the CESTAT order for the return of the confiscated currency. The court notes that no stay had been shown to them, and as a result, directs the immediate return/release of the confiscated Indian currency along with interest as per the instructions issued by the Central Board of Excise & Customs.

3. The judgment highlights the negligence on the part of the Commissioner (Preventive) and other officers in failing to implement the CESTAT order for the return of the confiscated currency. It emphasizes that instructions have been issued by the Central Board of Excise and Customs regarding the timely implementation of such orders, and delays beyond a specified period will lead to disciplinary action against defaulting officers.

4. Finally, the judgment provides a direction for the return/release of the confiscated currency without further delay, along with interest as per the Central Board of Excise & Customs instructions. It also reminds the concerned officers of the consequences of neglecting to implement the orders of the Bench, emphasizing the potential liability of interest and disciplinary action for non-compliance.

In conclusion, the judgment addresses the issues of failure to implement the CESTAT order for the return of confiscated currency, the lodging of an appeal seeking a stay, negligence on the part of officers, and provides a clear direction for the immediate release of the currency with interest, emphasizing the importance of timely compliance with tribunal orders to avoid adverse consequences.