Seizure of foreign currency upheld where ownership claims awaited adjudication under exchange control proceedings.

Foreign currency seized from persons facing proceedings under FERA could not be ordered returned in writ proceedings while adjudication remained pending, because the petitioner's claim of ownership and explanation for possession required examination by the adjudicating authority. On the materials before the HC, the seizure and continued retention were not liable to be set aside, and no direction for return of the currency could be issued. The challenge therefore failed.

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Issues: Whether the petitioner was entitled to quashing of the order permitting continued retention of the seized foreign currency and to a direction for its return to her.

Analysis: The foreign currency had been seized from persons against whom proceedings under the Foreign Exchange Regulation Act, 1973 were pending, and adjudication had not yet been completed. The petitioner's asserted ownership and explanation regarding possession of the currency were matters that required examination before the adjudicating authority. On the materials before the Court, the seizure from the persons proceeded against could not be set aside, and no direction for return of the currency to the petitioner could be issued in writ proceedings.

Conclusion: The petitioner was not entitled to the relief sought, and the challenge to the seizure and continued retention failed.

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