S. CANNUSSAMY Vs. COMMISSIONER OF CUSTOMSCENTRAL EXCISE

JUDGEMENT

(1.) Being aggrieved by the direction, of the writ Court, fixing compensation, of Rs. 5,00,000.00 with interest at the rate of 18% per annum on Rs. 4,27,000.00 from 07.10.1996 to 17.02.2003, instant appeal is filed on the grounds inter alia that the writ Court ought to have either directed the respondents to return the goods in the same condition, in which they were seized or pay the market value of the diamonds, as on the date of the filing of the writ petition.

(2.) Material on record discloses that on 111.1979, Collector of Central Excise and Customs, Madurai, seized goods of foreign origin, including diamonds, which were valued on that date at Rs. 4,27,074.00. In the order of seizure, it was stated that the goods were imported into India, illicitly. After enquiry, the authority ordered confiscation of gold sheets, as well as 485 numbers of diamonds. Appeals were filed and the order of absolute confiscation was modified to one allowing the goods to be cleared on payment of fine in lieu of confiscation. Quantum of fine was fixed as Rs. 4,25,000.00. Value of the diamonds, fixed by the original authority was not challenged. Proceedings before CEGAT ended in fixation of the value of the diamonds as Rs. 4,27,000.00. Though, diamonds were assayed at Madurai and value fixed at Rs. 40 Lakhs, on 26.06.1998, appellant accepted the value fixed by CEGAT at Rs. 4,27,000.00 and accordingly, paid redemption fine. Decision of CEGAT, was not challenged.

(3.) Diamonds were not returned. Hence, petition is filed in W.P.No.10707 of 1998, for a mandamus, directing Commissioner of Customs and Central Excise, Tiruchirapallai, and Assistant Commissioner of Central Excises, Customs Division, Nagapattinam, respondents 1 and 2 in W.P.No.10707 of 1998, to deliver 485 numbers of diamonds seized and also to pay interest on the value of the aforesaid diamonds estimated at Rs. 40 Lakhs at the rate of 18% per annum, from the date on which they were bound to be returned.