Judgment Adarsh Kumar Goel, J. 1. This petition has been filed for a direction that 15 Bearer Bonds of the face value of Rs. 10,000 each having maturity value of Rs. 1,80,000, as in the year 1991, which were seized by the IT Department under Section 132 of the IT Act, 1961, on 15th May, 1990 as a part of total seizure of Rs. 10,40,635, be returned or amount of the value of the said Bonds with interest be returned to the petitioner. 2. In the reply filed, it is stated that Bearer Bonds were not seized from the petitioner. It is further stated that on 21st Sept., 1990 during Anti Mandal agitation, all records including seized record of all offices were burnt to ashes. 3. From the Panchnama, we find that Bearer Bonds of the value of Rs. 1,50,000 find mention therein. This is also corroborated by letter dt. 25th May, 1990 to the following effect : "To Sh. Shanti Sarup Gupta, Shanti Niwas, Rly. Road, Jagadhari. Sir, Search and seizure operation were carried out at your residential premises on 15th May, 1990 and 16th May, 1990. During the course of search, cash amounting to Rs. 1,35,000 and NSCs, Bearer Bonds, Kisan Vikas Patras and Indira Vikas Patras worth Rs. 11,90,635 were seized. You are reguested to explain the source and date of acguisition of cash, NSC, NSS, Bearer Bonds, Kisan Vikas Patras and Indira Vikas Patras. Your reply should be presented before me in my office at Jiwan Jyoti Bldg., Jagadhari Road, Ambala Cantt. on 6th June, 1990 at 11.00 a.m. Yours faithfully, Sd/- (H.L. Chanana) Asstt. CIT, Investigation Circle, Ambala." Thus, it is clear that Bearer Bonds in question were seized by the Department and the same have been lost by the Department. Under the law, the said Bearer Bonds could not have been seized or in any case, had to be accounted for. The petitioner cannot be made to suffer for the loss. Accordingly, we direct the Department to refund the amount of the Bearer Bonds, i.e., Rs. 1,80,000 as in the year 1991. The Department will also pay simple interest at the rate of 6 per cent p.a. from 1st Jan., 1992 till the date of payment. The Department will be free to recover the same from the persons who may be responsible for causing loss. The petition is disposed of.