1992 (10) TMI 106 - HC - Customs

Court overturns penalty and confiscation orders, directs return of sale proceeds to petitioner

The court allowed the petitioner's appeal, setting aside the penalty and confiscation orders imposed by the Customs Department. Despite the auction of the ... Confiscation of conveyance - Seizure of truck Issues:1. Seizure of truck by Customs Department2. Confiscation and penalty imposed on truck owner3. Appeal and revision process4. Petition for return of truck and compensation5. Disputed questions of fact in the petition6. Auction of the truck by Customs Department7. Relief sought by the petitioner8. Rate of interest on the amount to be paidAnalysis:1. The petitioner's truck was seized by the Superintendent of Customs on 1-2-1969 under suspicion of being used for smuggling silver ingots. Adjudication proceedings followed, leading to the confiscation of the truck and imposition of a penalty by the Collector of Customs under the Customs Act, 1962.2. The petitioner's appeal against the confiscation and penalty was rejected by the Central Board of Excise and Customs. However, the Central Excises & Gold Control (Appellate) Tribunal (CEGAT) later allowed the appeal, setting aside the penalty and confiscation orders, directing refunds if any amounts were paid.3. Following the CEGAT judgment, the petitioner sought the return of the truck but was unsuccessful. Hence, a petition was filed requesting the return of the truck or compensation for its loss, including loss of earnings during the period of seizure.4. The respondents contended that the petition involved disputed facts and was not maintainable. During the hearing, the petitioner's counsel conceded that the truck had been auctioned by the Customs Department and requested the return of the sale proceeds amounting to Rs. 28,700, with an appropriate rate of interest.5. The Court acknowledged the concession made by the petitioner's counsel and decided not to delve into the disputed facts raised in the reply affidavit. Despite no stay order on the sale of the truck, the Court held the department accountable for returning the sale proceeds to the petitioner.6. The petitioner did not press for other prayers, such as compensation for loss of earnings. The Court, after considering the circumstances, directed the respondents to pay Rs. 28,700 with an interest rate of 11% per annum from May 1, 1976, till the date of payment, setting a deadline for the payment.7. The Court determined that an interest rate of 11% would be just and proper in this case. The respondents were instructed to make the payment by a specified date, with provisions for increased interest if the payment was delayed beyond the deadline.8. The petition was partly allowed based on the special circumstances, with the respondents directed to pay the specified amount with interest. The Court made no order as to costs in this matter.