2004 (8) TMI 602 - AT - Customs

Tribunal Upholds Decision on Currency Smuggling: Confiscation & Penalties

The Tribunal upheld the Commissioner's decision of absolute confiscation of concealed foreign currencies amounting to Rs. 45,11,588.75 under the Customs ... Penalty - Quantum of Issues: Attempted export of concealed foreign currencies, absolute confiscation, imposition of penalty under Customs Act.Attempted Export of Concealed Foreign Currencies:The case involved an attempt to export foreign currencies of various countries concealed in packages of fruits, vegetables, and duck eggs. The appellants claimed the items for export as fruits and vegetables but were found to have concealed foreign currencies in the packages. The investigation revealed that the appellants admitted to concealing the foreign currencies in the packages. Statements from individuals involved in the transportation and supply chain corroborated the concealment. The Commissioner found substantial evidence of the attempt to smuggle out foreign currencies, leading to absolute confiscation under the provisions of the Foreign Exchange Regulation Act.Absolute Confiscation and Imposition of Penalty:The Commissioner ordered absolute confiscation of the foreign currencies amounting to Rs. 45,11,588.75 under specific sections of the Customs Act. Additionally, a penalty of Rs. 1 lakh each was imposed on the appellants for their involvement in the attempted smuggling of foreign currencies. Despite the appellants' compliance with pre-deposit requirements and their plea for a reduction in the penalty, the Tribunal found the penalty to be minimal compared to the value of the seized currencies. The Tribunal upheld the absolute confiscation and penalty, emphasizing the substantial evidence implicating the appellants in the smuggling attempt.Judgment Analysis:The Tribunal thoroughly examined the impugned order, grounds of appeal, and the evidence presented in the case. It concluded that the appellants were indeed involved in the concealment and attempted export of foreign currencies, as substantiated by their own admissions and statements from various individuals involved in the operation. The Tribunal found the evidence overwhelming, including inculpatory statements and documents seized during the investigation. The value of the confiscated foreign currencies exceeded Rs. 45 lakhs, justifying the imposition of a penalty of Rs. 1 lakh on each appellant. The Tribunal dismissed the appeals, rejecting the appellants' plea for a reduction in the penalty due to its minimal nature compared to the severity of the offense. The judgment affirmed the Commissioner's decision of absolute confiscation and penalty imposition, highlighting the appellants' clear involvement in the illicit activity.