1999 (1) TMI 480

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....of U.S. $ 15,555. As per the Department, the said foreign currency was kept concealed by him in the front-inner pocket of his trousers and in the fold of one Coat kept in his hand bag. The said currency found from the possession of the appellant was seized by the officer on a reasonable belief that the appellant was trying to smuggle out the same in contravention of the provisions of the Customs, 1962 read with Foreign Exchange Regulation Act, 1973 as the appellant could not produce any valid documents in support of legal acquisition, possession and/or exportation of the same. After recording the statements and making further post-seizure investigation, the matter was adjudicated by the Additional Commissioner of Customs vide his order date....

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....e firm to Poland on 19-5-1994. He submitted that the adjudicating authority as well as the Commissioner (Appeals) have admitted that the foreign currency was acquired by them legally. However, the confiscation has been ordered on the technical ground that whereas the documents show that the same was acquired for Shri T.T. Lapcha, it was illegally handed over to Shri G. Patel in violation of the restriction imposed under Section 8 of the Foreign Exchange Regulation Act, 1973. He submitted that this happened because Shri T.T. Lapcha was promised visa by the authorities at the Airport on 19-5-1994 and while Shri T.T. Lapcha was running around at the Airport for procurement of his visa, the said foreign currency was handed over by him to Shri G....

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.... travellers cheques were obtained by the appellants therein in accordance with law. In these circumstances, he prays for setting aside the impugned order. 4. Shri R.K. Roy, ld. JDR reiterates the findings of the authorities below and submits that when the foreign currency was obtained by Shri T.T. Lapcha, he should have kept the currency with him and handing over of the currency to Shri Ghanshyam Patel at the Airport indicates the intention of the firm to smuggled out the same illegally when there was chances of Shri Lapcha not flying on the same flight because of non-availability of visa. Accordingly, he submits that the foreign currency has been rightly confiscated and penalties have been rightly imposed on the various persons. ....