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of <h1>Tribunal allows redemption of confiscated currency, reduces penalty, citing lack of mala fide intention</h1> <h3>NITU BHOJWANI Versus COMMISSIONER OF CUSTOMS, AHMEDABAD</h3> The Tribunal upheld the confiscation of Indian currency but allowed redemption on payment of a fine of Rs. 1.50 lakhs, reducing the penalty imposed on the ... Confiscation - Absolute confiscation - Smuggling Issues involved: Challenge to absolute confiscation of Indian currency and imposition of penalty.Summary:The appellant, an Indian citizen, was found in possession of Rs. 7 lakhs in Indian currency while traveling to Dubai. The currency was given to her by her father as a gift from business earnings. Customs seized the currency as she did not have permission from the Reserve Bank of India. Post-seizure investigation revealed that the money was sales proceeds of her mother's old gold jewelry. Proceedings were initiated, leading to the confiscation of the currency and imposition of a penalty. The appellant appealed against the decision.The appellant did not dispute the confiscability of the currency but argued against absolute confiscation, citing lack of mala fide intention. The appellant's claim was supported by statements from her father and the jeweler who confirmed the sale of the jewelry. The appellant's advocate requested the release of the currency on payment of a redemption fine.The Customs authorities argued that the appellant, having stayed abroad for three years, should have been aware of legal provisions. They contended that the appellant's disclosure of the currency did not prove her bona fide intentions.After considering the submissions, the Tribunal noted that the confiscation of the currency was not under challenge. The appellant's advocate sought a conversion of absolute confiscation into an option for redemption on payment of a fine, citing precedent decisions. The Tribunal agreed with the appellant's argument and allowed the redemption of the currency on payment of a redemption fine of Rs. 1.50 lakhs. The personal penalty imposed on the appellant was also reduced to Rs. 50,000.The appeal was rejected except for the modification in the order regarding the redemption of the currency and the reduction of the penalty.
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