9911796707
TMI Blog2019 (5) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... maran and Ms. Esha Sharma, Advocates. Respondents Through: Mr. Ajit Sharma, Advocate with Mr. Talha Abdul Rahman, Mr. Ashutosh Senger and Mr. M. Shaz Khan, Advocates for DRI. Mr. Harpreet Singh, Senior Standing Counsel with Ms. Suhani Mathur, Advocate for R-2. O R D E R CM APPL. 10000/2019 (for exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 2137/2019 CM APPL. 22498/2019 (for modification of order) 2. The present petition seeks directions to the Respondents, i.e. the Directorate of Revenue Intelligence ( DRI ) (R-1) and the Commissioner of Customs (R-2) to return to the Petitioner the foreign currency seized from him way back on 27th September 2013. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d penalty of ₹ 5,00,000/- on 4th October 2018. It was accordingly requested by the Joint Commissioner of Customs to the DRI that since, as per available records, the case was booked by your office and the seized currency is also lying with your office, therefore, it is requested to do the needful for release of the said foreign currency to Sh. Sudhir Kumar (the Pax) under intimation to this office after completion of any other formalities, deemed necessary from your end. 7. Thereafter, despite, several requests in writing made by the Petitioner to the Additional Director, DRI, the foreign currency was not released leading to the filing of the present petition. 8. On 10th April 2019, while directing notice to be iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t issued notice only in respect of prayer B viz., that the obligation to comply with the order of this Court was of the Customs. 11. It appears that on 14th May 2019, the Customs addressed a communication to the Additional Director General (ADI) asking the DRI to comply with the order dated 10th April 2019 passed by this Court. 12. This Court has heard learned counsel for the parties. 13. 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ign currency into Indian rupees. Counsel for the Petitioner has placed before the Court the exact amount in Indian rupees that is payable to the Petitioner by converting the foreign currency that was seized from him into Indian rupees by applying the conversion rates as of today i.e. 14th May 2019. 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. 17. The Petitioner s calculation of the amount payable after applying the conversion rate for the various foreign currencies held by him at the time of confiscation has been handed over to both counsel for the DRI and Customs. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms, 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. The amount will be handed over to the Petitioner by Dr. Amandeep Singh and an acknowledgment obtained and kept on record. It will be open to the Customs Department to verify the correctness of the above calculations given by the Petitioner. It is however, made clear that the conversion rate applicable would be as that of today i.e. 14th May 2019. 19. If there is any non-compliance with the above directions, it will be open to the Petitioner to seek appropriate remedies in accordance wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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