2001 (3) TMI 796

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....ng Counsel for I.T. and K. Kumar, ACGSC, for the Respondent. [Order]. - The petitioner claims to be the owner of foreign currencies that had been seized from respondents 4 and 5. The seizure was on 20-1-1996 and on that ground she seeks the relief of return to her of that foreign currency and also wants the order of 17-7-1996 by which the continued retention was authorised to be quashed. ....

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....a. Respondents 4 and 5 have not appeared in this proceedings through Counsel. Their statements recorded by the authorities do not show that it was their claim that they had any authorisation to hold the foreign currency and therefore there was no contravention of the provisions of the Act. They appear to have claimed that the money had been entrusted to them by the petitioner. It is for them to es....

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....as on casual visit to look up the mother of Dyaneswaran that she having suddenly found foreign currency in her bag, chose to entrust the same to his mother as she was to travel on that day. It is open to her to narrater her explanation before the adjudicating authority when she is examined as a witness by respondents 4 and 5. 5. In this proceedings the seizure of currency effected from res....