Court orders department to refund seized goods value to petitioner, with interest, finding market value valid.

The High Court upheld the judgment of the Single Judge in a writ petition, directing the department to hand over seized goods or their equivalent value to the petitioner and refund the deposited amount with interest. The Court found the department's arguments unpersuasive, confirming the market value provided by the parties. The Commissioner of Customs was ordered to refund the specified amount within two months, with the department instructed to refund the pre-deposit amount with interest. Failure to comply would result in additional interest. The appeal and application were disposed of with the appellant directed to adhere to the refund directives.

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Issues: Appeal against judgment on withholding seized goods and refund of deposited amount

Analysis:
The appeal was filed by the appellant/department challenging the judgment passed by the Single Judge in a writ petition. The Single Judge had directed the concerned authority to hand over the seized goods or their equivalent value to the petitioner and reimburse the deposited amount with interest. The High Court found that the department's arguments were not persuasive. The parties provided information on the gold's value, and the department confirmed the market value. The High Court directed the Commissioner of Customs to refund the specified amount to the respondent within two months from the date of presenting a copy of the order. The department was also instructed to refund the pre-deposit amount with interest. Failure to make the payments within the stipulated time would attract additional interest. The High Court confirmed the impugned order with modifications, directing the appellant to comply with the refund directives. The appeal and application were disposed of accordingly.

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