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2025 (3) TMI 346

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..... . (C) 4606/2018. 3. The Petitioner, who is a Kenyan National, had sought return of gold weighing about 3732.48 gms, which was brought by her while travelling to India. The Customs had seized the same on 05th January, 2015 at I.G.I Airport, New Delhi. The Petitioner was not served a Show Cause Notice for six months after the seizure. The said seizure was accordingly challenged by her in W.P. (C) 4606/2018. 4. Vide a detailed final order dated 17th May, 2019, a Coordinate Bench of this Court had directed refund of the value of the gold detained by the Department. The operative portion of the said order reads as under: "23. In the present case with the seized material not being perishable, being gold bars, there was no reason for the Respo .....

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..... r the precise amount recovered by the Respondents by auction/sale proceedings) not later than 30th June 2019 failing which the Respondents will pay simple interest at 6% p.a. on the said sum for the period of delay. 26. The petition is allowed in the above terms. The application is disposed of. It will be open to the Petitioner to seek other remedies in relation to any further grievance she may have in accordance with law." 5. This judgment was challenged by the Department in SLP(C) 14603/2019 titled Union of India & Anr. v. Zhinet Banu Nazir Dadany. The matter was, referred to the Lok Adalat and on 29th July, 2024, the following order was passed by the Supreme Court Special Lok Adalat: "1. The dispute between the parties has been re .....

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..... ification for the long delay in non-payment by the Department, especially after the SLP(C) 14603/2019 was disposed way back on 29th July, 2024. 10. Submission made by the Mr. Harpreet Singh, ld. SSC for the Department is accepted by the Court that the amount would be paid with interest, as directed, within two weeks. 11. It is made clear that if the amount is not paid by the 25th March, 2025, the Department would be liable to pay to the Petitioner the market value of the detained gold as on, 29th July, 2024 when the Supreme Court had dismissed the SLP(C) 14603/2019 along with simple interest at 6% p.a. on the said sum for the period of delay from 29th July 2024. 12. The petition is disposed of in the above terms. All pending applications .....

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