2009 (4) TMI 623

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.... Respondent. [Order]. -  The challenge in the present appeal is to the absolute confiscation of Indian currency of Rs. 7 lakhs recovered from the appellant's possession, when she was travelling to Dubai and to the imposition of penalty of Rs. 1.75 lakhs. 2. After hearing both sides duly represented by Shri Uday Joshi, learned advocate appearing on behalf of the appellant and Ms.....

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....vestigation, statement of Shri Khushal Gagandas Narumalani, father of the appellant was recorded on 1-12-07. He deposed that the amount recovered from the appellant was gifted by him and were sales proceeds of the gold jewellery of her mother. The appellant was a only child and as such, the money was arranged by her father after selling jewellery belonging to her mother. Enquiries were also con....

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....there was no justification for absolute confiscation of the same, inasmuch as there was no mala fide intention on the part of the appellant. The fact of carrying the Indian currency was disclosed by the appellant herself as recorded in the show cause notice. Further, the status of Indian currency being bona fide sale proceeds of old jewellery of her mother, stand fully corroborated on record by th....

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..... Tribunal in case of Amlendu Bhattacharjee v. CC, Kolkata - 2004 (165) E.L.T. 367 (Tri-Kolkata), has held that keeping in view the bona fide of the passenger, absolute confiscation was not warranted. Indian currency was, accordingly, allowed to be redeemed on payment of redemption fine of Rs. 11,000/-. Similarly, in the case of Prakash Agarwal v. CC (Airport), Kolkata - 2007 (212) E.L.T. 477 (Tri....