Seizure Orders Upheld Under Foreign Exchange Law, Release Order Set Aside

The Court upheld the seizure orders under the Foreign Exchange Management Act, 1999, totaling Rs. 270.00 crores. The Single Judge's provisional release order was deemed improper as no statutory provision was cited for the release. The Competent Authority affirmed the seizure orders under Section 37A(2) of the Act. The writ petitioner was granted the right to appeal or seek other remedies provided by law. The Court set aside the release order, leaving all rights and contentions open, and closed pending miscellaneous applications with no order as to costs.

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Issues:
Challenge to seizure orders under the Foreign Exchange Management Act, 1999.

Detailed Analysis:

1. Challenge to Seizure Orders:
The writ petition challenged the legality and validity of seizure orders dated 26.08.2021, 30.09.2021, and 15.12.2021 under the Foreign Exchange Management Act, 1999. The petitioner sought quashing of the seizure orders totaling Rs. 270.00 crores. The learned Single Judge had earlier directed the release of Rs. 15,35,45,317/- during the pendency of the writ petition. However, the Enforcement Directorate (ED) clarified that no amount had been released from the seized Rs. 270.00 crores. The ED permitted the bank to disburse Rs. 9.68 crores, which was not seized by the ED. The interlocutory application for release was allowed by the Single Judge, but the seizure orders were not set aside, and no statutory provision was cited for the release. The competent authority affirmed the seizure orders under Section 37A(2) of the Act, and the Single Judge's provisional release order was deemed improper.

2. Statutory Provisions and Competent Authority:
Section 37A of the Act provides for special provisions regarding assets held outside India in contravention of the Act. The Competent Authority, appointed by the Central Government, must dispose of petitions within 180 days from the date of seizure, either confirming or setting aside the seizure order after providing an opportunity to the Directorate of Enforcement and the aggrieved person. The Competent Authority's order confirming seizure continues until the adjudication proceedings are concluded. The Act also allows for appeal to the Appellate Tribunal against orders passed by the Competent Authority.

3. Appeal and Remedies:
Given the existence of the order dated 04.02.2022 by the competent authority, the writ petitioner has the right to prefer an appeal or avail other remedies provided by law. Consequently, the order of the learned Single Judge directing release during the pendency of the writ petition was set aside, and the writ appeal was allowed. The Court clarified that it did not express any opinion on the case's merits, leaving all rights and contentions open. The miscellaneous applications pending were closed with no order as to costs.

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