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Cash seized during investigation cannot be appropriated towards pre-deposits u/s 35FF of Central Excise Act or Section 129EE of Customs Act as a condition for filing appeals. Respondents erroneously granted interest at 6% per annum on refund of seized cash deposited in fixed deposits earning higher interest. Petitioner's claim for 18% interest rejected, but entitled to excess interest earned on fixed deposits over 6%. Respondents, as trustees, obligated to account for entire interest earned and cannot enrich themselves. Impugned order quashed, petitioner awarded excess interest of Rs. 90,07,829/- over 6% on fixed deposits from seized cash. Respondents to initiate inquiry, fix responsibility for negligence in non-renewal of fixed deposits.
Cash seized during investigation cannot be appropriated towards pre-deposits u/s 35FF of Central Excise Act or Section 129EE of Customs Act as a condition for filing appeals. Respondents erroneously granted interest at 6% per annum on refund of seized cash deposited in fixed deposits earning higher interest. Petitioner's claim for 18% interest rejected, but entitled to excess interest earned on fixed deposits over 6%. Respondents, as trustees, obligated to account for entire interest earned and cannot enrich themselves. Impugned order quashed, petitioner awarded excess interest of Rs. 90,07,829/- over 6% on fixed deposits from seized cash. Respondents to initiate inquiry, fix responsibility for negligence in non-renewal of fixed deposits.
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