S. Muralidhar, J.

The question that has been referred to this larger Bench for decision by an order dated 9th March, 2016 of the Division Bench (DB) of this Court in the present petition is as follows:

Notwithstanding that an importer may not have made the payment of the redemption fine duty interest and penalty within the time stipulated in the order of confiscation of imported goods passed under Section 125 read with Section 126 of the Customs Act, 1962 ("Act), and which order has attained finality, but makes such payment belatedly but prior to the date of auction, can the Central Government retain the excess auction proceeds after adjusting the customs duty, interest, penalty and redemption fine or has such excess amount have to be returned paid to the owner of the goods?

2. The answer to the above question would require interpretation of the expression 'vest with the Central Government' occurring in Section 126 (1) of the Act. In this context, this Bench has also been tasked with examining the correctness of the decision of a DB of this Court in MMTC v Surjit Singh Kanda, (2013) 196 DLT 725 (DB).

The background facts

3. The background facts have been set out in detail in t