IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 32568 of 2008(B) -------------------------- PETITIONER: --------------- P.K.ABDUL SALAM, AGED 52 YEARS, S/O. KUNJU MOHAMMED, PUNNILATH HOUSE, ANCHANGADI P.O., VEMBALLUR, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS RESPONDENTS: --------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI. 2. THE DIRECTOR, DOCTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA, LOK NAYAK BHAVAN, 6TH FLOOR, KHAN MARKET, NEW DELHI. 3. THE DEPUTY DIRECTOR, DOCTORATE OF ENFORCEMENT, COCHIN ZONE, ERNAKULAM -18, 4. THE ASSISTANT DIRECOR, DOCORATE OF ENFORCEMENT, IIND FLOOR WAGA BHAVAN, U.K. SHANKUNNI ROAD, CALICUT. ADV. SRI.GEORGE JOSEPH, ADDL.CGSC FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.32568 of 2008 -------------------------- Dated this the 6th November, 2008 J U D G M E N T This writ petition has been filed seeking a direction to the respondents to release the amount due as interest on the amount seized by the 4th respondent. An amount of Rs.5 lakhs was seized by the 4th respondent from the petitioner’s house, on the apprehension that the said amount was being retained by the petitioner in contravention of the Foreign Exchange Management Act. Subsequently, it was found that the retention of the amount is not in any contravention of the provisions of the said Act and therefore was released to the petitioner, as evidenced by Exhibit P2. Petitioner sought for payment of interest on the retained amount. That was not disbursed and hence the writ petition. 2. A statement has been filed by the Central Government Standing Counsel for respondents producing therewith Annexure R1 communication issued by the W.P ( C) No.32568 of 2008 2 Assistant Director attached to the office of the Directorate of Enforcement (Prevention of Money Laundering Act and Foreign Exchange Management Act). The same reads as follows. “This is to inform that the seized amount of Rs.5,00,000/- was returned to Sri.Abdul Salam by means of Demand Draft dt. 28.7.2008. As regards interest it may be stated that the department would pay interest at the rate of 6% within 10 days. Necessary approval has already been received from our Head Quarters office, New Delhi, for payment of the interest.” In the result, the writ petition is disposed of directing the respondents to pay the interest as undertaken in Exhibit in Annexure R1, without further delay. (V.GIRI,JUDGE) ma W.P ( C) No.32568 of 2008 3 W.P ( C) No.32568 of 2008 4