Release of seized foreign currency declined while departmental appeal remained pending; appellate authority directed to decide the matter expeditiously.

Seized foreign currency was subject to confiscation with an option of redemption on payment of fine and penalty. The petitioner sought release on the basis of willingness to comply, but the Department had already filed an appeal against the order-in-original. In view of the pending departmental appeal, release of the currency was declined at that stage. The Court instead directed the Commissioner (Appeals) to decide the appeal expeditiously within four months.

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Issues: Whether the seized foreign currency could be directed to be released in view of the petitioner's willingness to pay the redemption fine and penalty, when the departmental appeal against the order-in-original was pending.

Analysis: The currency had been confiscated with an option of redemption on payment of fine and penalty. The Department informed the Court that it had already preferred an appeal against the order-in-original. In view of the pending appeal, release of the currency could not be granted at that stage. The appellate authority was directed to decide the appeal expeditiously, within four months.

Outcome: The prayer for release of the currency was declined at that stage and the writ petition was disposed of with a direction to the Commissioner (Appeals) to decide the departmental appeal within four months.

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