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Determining entitlement to market value of confiscated goods set aside by the Tribunal. Analysis: The case involved a Miscellaneous Application where the applicant sought the market value of old/used ready-made garments confiscated by the department but disposed of before the Tribunal's order. The applicant contended for the seizure value of the goods, citing a previous Tribunal decision. The Respondent argued that only the value received at auction should be awarded, not the seizure or market value which includes duty. The Tribunal deliberated on the entitlement of the applicant to the market value of the goods in question. The Tribunal referred to a previous decision involving the Calcutta High Court, highlighting that if the order of confiscation is set aside, the government must return the goods or pay the market price as of the setting aside date. This principle was upheld in another Tribunal decision, supporting the applicant's claim for the market value. The Tribunal concluded that the applicant was indeed entitled to the market value of the goods as of the date the confiscation order was set aside by the Tribunal, i.e., 11-9-1989. Consequently, the Tribunal allowed the application, directing the respondents to pay the applicant the market value of the goods as of 11-9-1989 within four months from the receipt of the order. The decision was based on the principle that when the order of confiscation is overturned, the rightful owner is entitled to either the return of the goods or the market value as of the reversal date.
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