Currency Confiscation Upheld, Owner Penalized for Violating FERA Regulations

The court upheld the confiscation of Rs. 2,90,000, deemed as the sale proceeds of goats in Nepal, and the penalty imposed on the owner of the currency. The judge found the importation of currency to be in violation of FERA Regulations and Customs Act provisions. However, redemption of the confiscated currency was allowed upon payment of a fine of Rs. 50,000, with the penalty reduced to Rs. 10,000. The balance was to be returned to the appellant, concluding the case.

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Issues:
1. Confiscation of currency alleged to be sale proceeds of goats in Nepal.
2. Imposition of penalty on the owner of the confiscated currency.

Analysis:
1. The appeal challenged the order of absolute confiscation of Rs. 2,90,000, stated to be the sale proceeds of goats in Nepal, and the penalty imposed on the owner of the goats and the currency. The currency was recovered from four persons coming from Nepal in 1994, who admitted that the money belonged to the appellant. The issue raised was the legality of the confiscation and penalty upheld by the authorities.

2. The appellant argued that the show cause notice did not specify any prohibition on exporting goats to Nepal, only alleging that bringing sale proceeds in Indian currency was an offense. The appellant's advocate contended that the confiscation had financially impacted the client and sought its reversal along with the penalty. On the other hand, the SDR argued that bringing in such a large quantity of Indian currency was unauthorized and amounted to smuggling, as it was admitted to be the sale proceeds of goats exported from India.

3. The judge considered both sides' submissions and noted that the seizure occurred in 1994, with the individuals admitting the currency was from goat sales in Nepal and belonged to the appellant. The importation of currency was found to contravene FERA Regulations and Customs Act provisions. While upholding the confiscation due to the illegal importation, the judge deemed redemption appropriate. Consequently, the judge allowed redemption of the confiscated currency upon payment of a fine of Rs. 50,000, reducing the penalty to Rs. 10,000. The remaining amount after adjustments was to be paid to the appellant, concluding the judgment.

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