1992 (7) TMI 171 - AT - Customs

Summary

Issues:
1. Enforcement of final order for release of seized goods and refund of penalty.
2. Allegation of wrongful and illegal auction of seized goods.
3. Determination of market price for the seized goods.
4. Obligation of the government to preserve the seized goods.
5. Failure of the Collector to provide evidence on market price.
6. Discrepancy in market price determination by different parties.
7. Order for payment of balance amount to the applicant.

Issue 1: Enforcement of final order for release of seized goods and refund of penalty.
The applicant filed an application seeking direction to the respondent Collector to act in accordance with the final order passed by the Tribunal for the release of seized lungies and refund of penalty. The Tribunal had set aside the order of confiscation and directed the release of the lungies and the refund of the penalty imposed on the applicant.

Issue 2: Allegation of wrongful and illegal auction of seized goods.
The applicant contended that the authorities wrongfully and illegally auctioned the seized lungies without informing him, despite the Tribunal's order for release. The auction was conducted for a nominal amount of Rs. 88,500, which the applicant argued was far below the market price of Rs. 80 per piece prevailing at the time of the Tribunal's order.

Issue 3: Determination of market price for the seized goods.
The Tribunal considered evidence presented by the applicant, including quotations from dealers showing the prevailing market price of the lungies at Rs. 80 per piece. The Collector failed to provide any evidence to rebut this claim. The Assistant Collector's inquiry revealed a market price of Rs. 60 per piece, leading to a total market value of Rs. 2,40,000 for the 4000 pieces of lungies.

Issue 4: Obligation of the government to preserve the seized goods.
Citing legal principles, the Tribunal emphasized that upon setting aside the confiscation order, the government is obligated to preserve the seized property intact and return it in the same condition. The Tribunal held that the government became liable to return the goods to the owner or pay the prevailing market value at the time of the Tribunal's order.

Issue 5: Failure of the Collector to provide evidence on market price.
Despite the opportunity given by the Tribunal, the Collector did not provide any evidence regarding the market price of the seized goods. Instead, an affidavit filed by the Assistant Collector on behalf of the Collector indicated a market price of Rs. 60 per piece, differing from the applicant's claim of Rs. 80 per piece.

Issue 6: Discrepancy in market price determination by different parties.
The discrepancy in market price determination between the applicant's claim of Rs. 80 per piece and the Assistant Collector's finding of Rs. 60 per piece led to a final determination by the Tribunal fixing the market value at Rs. 60 per piece, resulting in a total value of Rs. 2,40,000 for the seized lungies.

Issue 7: Order for payment of balance amount to the applicant.
The Tribunal ordered the respondent to pay the balance amount of Rs. 1,51,500 to the applicant within two months, in addition to the auction amount of Rs. 88,500 already paid. The balance amount was deemed necessary due to the failure of the Department to comply with the Tribunal's order, resulting in loss of government revenue.

The judgment addresses the enforcement of the Tribunal's order, the wrongful auction of seized goods, the determination of market price, the government's obligation to preserve seized property, the lack of evidence provided by the Collector, the discrepancy in market price determination, and the order for payment of the balance amount to the applicant.