2019 (12) TMI 133 - HC - Customs

Return of gold that was seized from late Padmanabha Bhattar in 1973 - quantity of 2186.900 grams of gold ornaments was seized from the shop of late Padmanabha Bhattar at Alappuzha during 1973 - HELD THAT - On going through the statutory provisions under the Customs Act, I find myself unable to accept the contention of the learned counsel for the petitioner that it would be open to an assessee under the Customs Act/Gold Control Act to approach the statutory authorities more than 20 years after the date of the adjudication order of the CEGAT seeking a release of the gold ornaments seized from him by paying the redemption fine amount that was fixed in 1996. As the prayer sought for in the writ petition cannot be granted, the writ petition is dismissed but without any order as to costs - petition dismissed.

Summary

Issues:
1. Direction sought by petitioner for release of confiscated gold ornaments under Customs Act.
2. Delay in payment of redemption fine and penalty.
3. Justification of redemption fine amount.
4. Legal heirs' claim for return of gold ornaments seized in 1973.
5. Interpretation of Supreme Court's decision in similar circumstances.
6. Applicability of Article 142 of the Constitution of India.
7. Assessee's right to approach statutory authorities after a significant delay.

Analysis:

1. The petitioner, acting as a Power of Attorney holder of the deceased, seeks a direction from the court for the release of gold ornaments confiscated from the late Padmanabha Bhattar in 1973 under the Customs Act. The legal heirs paid the redemption fine and penalty ordered by the Customs Excise and Gold Control Appellate Tribunal (CEGAT) in 1996, prompting the petition.

2. The respondents assert that no one approached the authorities after the 1996 CEGAT order until 2001, when a relative of the original owner initiated contact. The petitioner's representative sought redemption in 2017, leading to a dispute over the belated nature of the claim and the justification of the redemption fine amount.

3. The court considers the petitioner's reliance on a Supreme Court decision involving a 50-year delay in a similar case. However, the court distinguishes the circumstances and emphasizes that the Supreme Court's directions were issued under Article 142 of the Constitution of India. The court finds no basis in the Customs Act for allowing an assessee to seek release of seized goods more than 20 years after the CEGAT adjudication order.

4. Despite the petitioner's arguments, the court concludes that the prayer for releasing the gold ornaments cannot be granted due to the statutory limitations. As a result, the writ petition is dismissed without any costs being imposed on either party.