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2012 (11) TMI 408 - CESTAT, NEW DELHIInterest – seizure of Indian currency under a reasonable belief that the same is sale proceeds of smuggled goods - order of release – delay in returning seized currency – Held that:- Though there is absolutely no justification for more than 10 years delay in returning the seized currency and the conduct of the officers amounts to defying the Tribunal’s order, the Commissioner (Appeals)’s order sanctioning the interest on the seized currency for the delay in its return is not correct - It is only the Hon’ble High Court, or the Hon’ble Supreme Court which in exercise of their writ jurisdiction can order the payment of interest by the Department for period of delay in return of the currency. In view of this, the impugned order ordering payment of interest is set aside and the Revenue’s appeal is allowed
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