2019 (5) TMI 1049 - HC - Customs

Release of seized Foreign Currency - Commissioner of Customs (A) by permitted redemption of the foreign currency against payment of fine which was also reduced - conversion of Foreign Currency into Indian Currency - Notification dated 14th February 2006 issued by CBEC - requirement of notice - HELD THAT - The fact of the matter is that the foreign currency seized from the Petitioner, no longer exists as such. Learned counsel appearing for the DRI states on instructions that the said foreign currency has been disposed of by conversion into Indian currency in terms of Section 150 of the Customs Act, 1962. He has produced a copy of the notification dated 14th February 2006 issued by the Central Board of Excise and Customs - the said notification requires notice to be issued to the owner of the goods prior to its disposal. In the present case, the case of the Petitioner is that no such notice was received by him before disposal of the foreign currency by conversion into Indian rupees. Requirement for fresh/second application for release of the Indian rupees equivalent of the foreign currency seized from him - HELD THAT - The Court fails to understand why the Petitioner should be made to file repeated applications for this purpose. The orders already passed in the matter are abundantly clear. The Petitioner having complied with his obligations in depositing the redemption fine and penalty, there can be no excuse from the Respondents for not releasing the Indian rupee value of the foreign currency seized from the Petitioner, now that the foreign currency originally seized no longer exists in that form - The Court directs that the present petition itself will be treated by the Respondents as the application by the Petitioner for release of the Indian rupee equivalent of the foreign currency. Date of conversion of the foreign currency - Nothing has been shown to this Court to dispute the contention of the Petitioner that he did not receive any notice prior to the conversion of the foreign currency into Indian rupees - The Court finds the plea of the Petitioner that he should be paid the Indian rupees equivalent by applying the conversion rate as of today to be entirely justified in the facts and circumstances of the case. The Court accordingly directs that the Petitioner will appear before Dr. Amandeep Singh, the Additional Commissioner of Customs, IGI Airport, New Delhi on 28th May 2019 at 11 00 a.m. The amount payable will be worked out by applying the conversion rate as of today and paid to the Petitioner in the manner prescribed by law i.e. whether by Demand Draft or a Banker s Cheque. Petition allowed.

Summary

Issues:
Petitioner seeks return of seized foreign currency, non-compliance with court order for return of currency, dispute over jurisdiction between DRI and Customs, lack of notice before disposal of currency, calculation and payment of Indian rupee equivalent.

Analysis:
1. The petitioner requested the return of foreign currency seized by the Directorate of Revenue Intelligence (DRI) and the Commissioner of Customs. The petitioner complied with obligations by depositing fines and penalties, leading to court orders for release of the currency.

2. The DRI claimed the seized currency vested with Customs, not DRI, necessitating compliance with court orders by Customs. A notification requiring notice before disposal was highlighted, indicating lack of notice to the petitioner before conversion of currency into Indian rupees.

3. The court rejected the need for the petitioner to file additional applications for release, directing immediate payment of Indian rupee equivalent of the seized foreign currency. The petitioner's calculation of the payable amount was presented to both DRI and Customs for verification.

4. The court directed the petitioner to appear before the Additional Commissioner of Customs to receive the calculated amount in Indian rupees, to be paid via Demand Draft or Banker's Cheque. The Customs Department was allowed to verify the calculations, with the conversion rate applicable as of the specified date.

5. Non-compliance with the court's directions would enable the petitioner to seek legal remedies. The petition was allowed, and the court ordered the payment of the Indian rupee equivalent of the seized foreign currency to the petitioner, emphasizing adherence to the specified conversion rate.