2009 (9) TMI 813

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.... ORDER Heard both sides. 2. Revenue filed these appeals against the impugned order whereby Commissioner (Appeals) held as under : I have gone through the grounds of appeals, submissions made at the time of hearing and all other evidence on record. It is seen that the Indian currency has been confiscated under Section 121 of the Customs Act, 1962. In order to do so, it has to be proved b....

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.... of the Indian currency amounting to Rs. 3,09,998/- is without any basis and thus liable to set aside. I, therefore, set aside the confiscation of the Indian currency of Rs. 3,09,998/-. The same is liable to be released to the owner of the currency or in turn to the other two appellants from whom the currency was seized. In that view of the matter, there is no case for confiscation of motor cycle ....

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.... Taka amounting to 7,48,420/- was recovered on the same day, while they were returning from Raigange with a packet containing Indian Currency which they got in exchange of B.D. Taka to hand over the same to Md. Atiquer Rahman who could not produce any valid document in support of legal possession/acquisition/ transportation of the Indian Currency under seizure. The Indian currencies are the sal....

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....ust be established by the Customs authorities. In the present case, there is no evidence in this regard. Hence the impugned order is rightly passed. 5. I find that in the present case the Revenue wants to confiscate the Indian currency on the ground that the same is sale proceeds of smuggled goods. I find that Tribunal in the case of Ramchandra (supra) relied upon by the respondent held that fo....