IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.14267 of 2008 Between: Syed Azam Hussaini S/o.Syed Yousf Hussaini Flat No.118 Metrociassic Aparments A.C Guards,Hyderabad ..... PETITIONER AND 1 The Assistant Director Enforcement Directorate Adarshnagar Opposite New M.L.A Quarters Gate, Hyderabad 2 The Deputy Director Enforcement Directorate (FERA) Government of India No.9/1, Madras Bank Road, Behind India Garage Bangalore I 3 The Appellate Tribunal for Foreign Exchange 4th Floor B.Wing Janpath Bhavan(Formerly Indian Oil Bhavan) Janpath New Delhi-110001 .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, direction more particularly one in the nature of writ of Mandamus declaring that the action of the 1st respondent in not returning the amount of Rs.99,700 illegally seized from the petitioner 's Shop M/s Arman Collections Pattargatti,Hyderabad as illegal arbitrary capricious unjust and violative Article 14,21 and 300- A of the constitution of India and consequently direct the 1st respondent to return the Rs 99,700/- with the interest @ 18% p.a from 7-6-1996 till the payment and also pay compensation of Rs 5,00,000/- to the petitioner in the interests of justice and pass Counsel for the Petitioner: MR.P.A.SESHU Counsel for the Respondent: MR.T.SURYA KARAN REDDY The Court made the following: THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.14267 of 2008 ORDER: According to the petitioner, the Taskforce police seized an amount of Rs.99,700/- from his shop namely M/s. Arman Collections situated at Pattargatti, Hyderabad, on 07.06.1996, on the alleged ground of contravention of the provisions of Foreign Exchange Regulation Act, 1973 (for short ‘the Act’), and handed over the same to the 1st respondent. It is his grievance that, though no adjudication proceedings were initiated in respect of the amount seized from him, the said amount is not being returned to him. He contends that he is entitled for return of the said amount of Rs.99,700/- with interest at 18% per annum from 07.06.1996 till the date of payment and also for compensation of Rs.5,00,000/-. A detailed counter-affidavit is filed on behalf of the respondents stating that the petitioner is entitled for refund of the amount of Rs.99,700/-, seized from him, along with interest at 6% per annum, as per Section 42 (3) of the Act, and the said amount will be paid to the petitioner immediately after the approval from the Head of the Department before whom the matter is pending. It is further stated that the petitioner is not entitled for the amount of Rs.5,00,000/- towards compensation/damages. In view of the above counter averments, the writ petition is closed, directing the respondents 1 and 2 to refund the amount of Rs.99,700/- seized from the petitioner, along with the interest payable thereon as per law, within a period of six weeks from the date of receipt of a copy of this order. No order as to costs. _________________ JUSTICE C.V. RAMULU 23rd April, 2009. IBL