1985 (11) TMI 149

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....er per C.T.A. Pillai].  - By our Order No. CD(MAS) 18/83 dated 20-9-1983, we had, amongst other things, ordered release of US $ 6200/-in foreign currency imported by the applicant, which was confiscated by the Additional Collector of Customs, Madras, under Customs Act, 1962, on payment of fine in lieu of confiscation of Rs. 3000/-. 2. The Order had been sent out from the Registry o....

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....m the R.B.I, authorising the repatriation of US $ 6200. 4. We have considered the points set out in the petition and the affidavit of the Assistant Collector of Customs (Appellate Tribunal Cell), Madras Custom House. We find that according to the practice of the Custom House, the seized currency notes had been credited in the Reserve Bank of India on 18.12.1982, well before the date of the....

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....f a different type of order. However, we now have to consider in what manner the order as passed is to be implemented. 5.  There was valid order of confiscation for the currency when it was credited in the account of RBI on 8.12.1982. It is nobody's case that there was stay of the order of the Addl. Collector of Customs at that time. It appears that the fact of filing an appeal with the Bo....

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....unt of US $ 6200 realised by the Govt. by crediting into the Reserve Bank of India on 8-12-1982 be made available to the applicant in US $ on the basis of the rate of exchange prevalent on the date of receipt of the order of the Tribunal by the Custom House. Any subsequent variation in the exchange rate making a difference to the quantum of currency will have to be borne either by the Department o....