2009 (2) TMI 226 - HC - Customs

Summary

Issues involved: Seizure and confiscation of Indian currency, non-compliance with Tribunal's order, application for return of money with interest, deductions made by Customs authorities, petition for recovery of deducted amount.

Seizure and Confiscation of Indian Currency: Officers of the Directorate of Revenue Intelligence seized Indian currency amounting to Rs. 84,00,000 from the petitioner on 6th May, 1999. A show cause notice was issued on 25-10-1999, and the 2nd respondent confiscated the currency. The petitioner appealed to the Customs, Excise and Services Tax Appellate Tribunal, which allowed the appeal on 13-6-2006.

Non-Compliance with Tribunal's Order: Petitioner pursued the implementation of the Tribunal's order with the respondents to return the seized currency with interest, but the respondents did not comply with the order.

Application for Return of Money with Interest: Petitioner filed a Writ Petition directing the respondents to return the money with interest. The High Court passed an order on 28th March, 2008, instructing the petitioner to make an application to the appropriate officer for payment within four weeks.

Deductions Made by Customs Authorities: Respondents informed the petitioner that an amount of Rs. 52,28,765 was sanctioned after deducting dues under Section 142 of the Customs Act, 1962. The petitioner approached the Court due to deductions made by the Customs authorities.

Petition for Recovery of Deducted Amount: An affidavit stated that deductions were made in pursuance of detention orders issued by the Commissioner of Customs, Cochin. The Court directed the respondents to pay interest on the amount of Rs. 84,00,000 from 13-6-2006 to 30-4-2008 at 6% p.a.

This judgment addresses the issues of seizure and confiscation of Indian currency, non-compliance with the Tribunal's order, application for return of money with interest, deductions made by Customs authorities, and the petition for recovery of the deducted amount. The Court directed the respondents to pay interest on the confiscated amount and remit the deducted sum to the Commissioner of Customs, Cochin within a specified period.