TaxTMI 
TaxTMI 
2007 (4) TMI 515
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....ort, when they were about to board the plane. As a result of detailed interrogation, the officers entertained a view that they were carrying currency with them and accordingly retrieved their checked-in-baggage. Examination of the same resulted in recovery of Indian Currency, totally amounting to Rs. 36 lakhs, duly concealed in chilly powder packets. The same was seized by the officers along with seizure of US $ 4000/- carried by Mrs. Dilshad S. Mamdani, in her purse. 2. Statement of Shri Salim M. Mamdani was recorded, wherein he disclosed that the said Indian Currency was given to him one Mr. Raja, who offered him free Dubai visit and Rs. 5,000/- as monitory consideration for carrying the bags. The same were to be handed over to a pe....
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.... of appellant's father was also recorded, admitting that Rs. l lakh were given by him. Similarly, mother of the said appellants admitted having given a part of the money totally amounting to Rs. 2.50 lakhs out of his personal savings. His sister-in-law, Mrs. Rozina Mamdani, wife of his brother also admitted having given some money to the appellants by withdrawing the same from her bank account. 6. On the above basis, proceedings were initiated for confiscation of Indian Currency totally amounting to Rs. 36 lakhs, as also for confiscation of US $ 4,000/- under the provisions of Section 113(d)(e) and (h) of the Customs Act, 1962. On adjudication, the Commissioner confiscated the same absolutely and also imposed personal penalty of Rs. 3....
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....e do not think it to be a fit case for giving any option to the appellants to redeem the Indian currency of around Rs. 36 lakhs. 9. However, as regards US $ 4000, recovered from hand purse of Mrs. Dilshad Salim Mamdani, we find that in terms of Section 5 of Foreign Exchange Management (Export and Import of Currency) Regulation 2000, no person shall, without the general or special permission of Reserve Bank of India, carry foreign currency in excess of US $ 5,000/- out of India. In as much as the recovered foreign currency is less than the said amount, restriction contained in the said section will not apply to the same. The same stand confiscated by the adjudicating authority on the basis of disclosure made by the appellant at the tim....