IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.142 of 2007 MD.IMTIYAZ ALI KHAN Versus THE UNION OF INDIA & ORS ----------- 8 06.08.2008 Heard learned counsel for the petitioner, the Union of India and respondent nos.7 and 8, officials of Vaishali Kshetriya Gramin Bank, Kalambagh Road, Muzaffarpur. In the instant case, the petitioner prays for a direction to the respondents to release his Chetak scooter, bank pass book as well as sum of Rs 20,000/- which has been deposited with the Customs Excise and Gold (Control) Appellate Tribunal (CEGAT), East Regional Bench, Calcutta. It appears vide order dated 15.4.1988, the Additional Collector of Customs (Preventive), Muzaffarpur had found the petitioner guilty in the confiscation proceeding and order confiscating his scooter, pass book and was passed apart from penalty of Rs. 2 lacs. After being aggrieved by the same, the petitioner moved the CEGAT, Calcutta vide Miscellaneous appeal no. 345 of 1988. The learned CEGAT vide Appeal no. 345 of 1988, after hearing the parties under its order dated 20.10.1994 remanded the matter to the enquiry officer for fresh consideration after giving appropriate opportunity to the parties. In para 4 of the said order it has also been observed that the amount of pre deposit of Rs.20,000/- made by the appellant shall abide by the final decision of the Adjudicating authority in the de novo proceedings. It is submitted on behalf of the petitioner that in de novo - 2 - enquiry, the enquiry officer vide order dated 4.6.2008, annexure A to the counter affidavit found him guilty and passed order confiscating his scooter etc., however, the Adjudicating authority did not impose any penalty. In view of the subsequent development, learned counsel for the petitioner submits that as no monetary penalty has been imposed upon him, so as per the direction of the CEGAT, Calcutta he is entitled for refund of Rs.20,000/- which was deposited at the time of filing of the appeal. So far the submission of the petitioner is concerned, this court finds that CEGAT, Calcutta had directed that the amount of pre deposit of Rs.20,000/- made by the petitioner at its direction would abide by the result of de novo enquiry. I find that as no penalty in terms of money has been imposed against the petitioner by the enquiry officer, the petitioner would be entitled for refund of his money he deposited at the time of filing appeal. So far prayer for release of Scooter is concerned, it would be appropriate for the petitioner to move the statutory authority, challenging the confiscation. The writ petition is disposed of with the aforesaid observations and directions. Shashi (S.P.Singh,J)