Jyoti Balasundaram, Member (J)
In this case, the Commissioner of Customs, Jaipur had confiscated 50 foreign marked gold biscuits along with vehicle from which they were recovered, and also imposed a penalty of Rs. one lakh each on Shri Chhagan Bhai, Shri Mool Chand and penalty of Rs. 25,0007- on Shri Ganesh Bhai vide order-in-original dated 13-2-1996. The Commissioner’s order was set aside by the Tribunal vide Final Order Nos. A/1201-1203/97-NB, dated 30-12-1997 under which the applicants were allowed consequential relief. The applicants thereafter moved the Customs authorities for return of the gold biscuits and the vehicle and the amounts of penalty pre-deposited in compliance with the Tribunal’s stay order. The present Misc. applications arise as a result of goods etc. not being returned to the applicants.
2. The learned DR states that, against the acquittal of the applicants in the prosecution case before the District and Sessions Judge, Jaipur for the same offence, the Department has filed a Revision Application before the High Court and he therefore, submits that nothing can be returned to the appellants till the disposal of the Revision application. However, the Department has not produced any stay order from the High Court staying the release either of the seized goods or vehicle or the pre-deposited amounts. Further, the order of the District and Sessions Court is of April, 1997 i.e. prior to the passing of the final order by the Tribunal. In the absence of stay order from the Honljle High Court, we direct the Department to release the seized goods or sale proceeds thereof to Shri Chhagan Bhai (the learned Counsel states that the other two applicants Shri Mool Chand and Shri Ganesh have stated that they have no objection to the release of goods and vehicle to Shri Chhagan Bhai who claims the gold and the vehicle) and direct the Department to release the penalty amounts deposited in compliance with the Tribunal’s stay order to respective applicants within a period of eight weeks from today and report compliance on 21-12-2000.
Order to be issued Dasti.