The Kerala High Court observed that Two Customs Authorities concurrently orders release of Gold and currency, same cannot be retained.
On the basis of inputs given by the Intelligence Wing, the officials of Customs Preventive, Kochi searched the house of Sri.Raju Sawasthan, in pursuance to the search warrant issued by the Assistant Commissioner of Customs, and recovered 2253.9 grams of Gold of 24 karat purity and Indian currency amounting Rs.27,00,000/-. The said Gold and currency were seized, and the order in original was rendered, in favour of the petitioner and the seized Gold and currency were allowed to be released.
On the basis of the said order, the petitioner moved an application for release of the Gold and currency. However, the same was not released, in view of the fact that the Department had filed appeal against the said order in original. The Commissioner (Appeals), appellate authority, allowed the appeal in part vide order, and redemption of the confiscated goods under Section 125 of the Customs Act, on a redemption fine of Rs.4,00,000/-, was ordered.
The counsel for the petitioner submitted that when two authorities have concurrently held in favour of the petitioner and ordered release of the Gold and currency, the same cannot be retained. It is submitted that the petitioner is willing to furnish sufficient bonds for release of the Gold and currency.
Justice Dinesh Kumar Singh observed that “In view of the fact that two authorities have concurrently held in favour of the petitioner and since there is no interim order passed by the CESTAT in favour of the Department against release of the Gold and currency (cash) seized, except redemption fine of Rs.4,00,000/- (Rupees four lakhs only), I find it appropriate to dispose of the present writ petition directing the respondents to release the confiscated Gold and cash of Rs.23,00,000/- (Rupees twenty three lakhs only) to the petitioner, on the petitioner furnishing bond for the value of the same.”
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