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2017 (3) TMI 1564 - HC - CustomsProvisional release of seized Indian Currency Notes - Held that - Considering that, an application for provisional release of Indian Currency Notes is pending since August 29, 2015, it would be appropriate to request the respondent no. 1 to consider and decide such application in accordance with law, within a period of six weeks from the date of communication of this order to him.
Issues: Delay in deciding the request for provisional release of seized Indian Currency Notes.
Analysis: The judgment delivered by the High Court of Calcutta pertains to a complaint raised by the petitioners regarding the delay in the final decision on a request for the provisional release of Indian Currency Notes seized by the Directorate of Revenue Intelligence on August 29, 2015. The learned advocate for the petitioners highlighted the delay in the decision-making process and urged for a direction to expedite the disposal of the application. In response to the situation where the application had been pending since August 29, 2015, the court directed the respondent no. 1 to consider and decide on the application within six weeks from the date of communication of the order. It was specified that the petitioners should be given a reasonable opportunity for a hearing, represented by an authorized representative. The respondent no. 1 was granted the liberty to involve other parties and review necessary documents before passing a reasoned order, which should be promptly communicated to the petitioners. The judgment, therefore, aims to address the issue of the prolonged delay in deciding the request for provisional release of the seized Indian Currency Notes. By setting a specific timeline for the respondent no. 1 to make a decision, ensuring a fair hearing for the petitioners, and emphasizing the need for a reasoned order, the court seeks to expedite the resolution of this matter. The disposal of WP No. 162 of 2017 without any costs signifies the court's focus on prompt action and resolution in such cases involving seized assets and provisional releases.
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