TaxTMI 
TaxTMI 
2010 (9) TMI 359
X X X X Extracts X X X X
X X X X Extracts X X X X
.... intercepted by the Customs Authorities at the departure hall of the Chennai Air Port on 6-5-2000 and on examination of his baggage, the authorities recovered Indian and Foreign currency equivalent to Rs. 2,03,358/-. The Customs Authorities recorded a statement from the petitioner under Section 108 of the Customs Act, 1962 (herein after referred to as the 'Act') on 6-5-2000, wherein the petitioner appears to have stated that the money belonged to one Abdullah and he has to hand it over at Singapore to one Rahman for a monetary consideration. Subsequently, personal hearing was given to the petitioner on 16-5-2000, wherein he has not spoken to about any other source for the currency carried by him. After hearing the petitioner, the adjudicati....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Hargovind Das K. Joshi v. Collector of Customs] and certain decisions of the Tribunal. 4. Per contra, the learned Senior Standing Counsel appearing for the Department would submit that the Original authority, Appellate authority and the Revisional authority have concurrently held that the petitioner is not entitled for redemption and therefore this Court should not re-appreciate the evidence on record and come to a different conclusion. Further, it is submitted that the decision of the authorities cannot be faulted since the petitioner himself in the statement recorded under Section 108 of the Act has clearly admitted that he was carrying Indian and foreign currency abroad for a consideration and that he was a regular trader and ther....
X X X X Extracts X X X X
X X X X Extracts X X X X
....and, the adjudicating authority took up the matter for consideration and after examining the entire factual position did not exercise the discretion in favour of the petitioner. This order was passed on 21-8-2001 after considering the factual and legal position and the same has been confirmed in appeal as well as in Revision. The orders passed by the Original authority, Appellate authority and the Revisional authority are cogent and supported by reasons. The authorities took note of the voluntary statement recorded under Section 108 of the Act, wherein the petitioner had categorically admitted that he was taking the currency clandestinely on behalf of one Abdullah for monetary consideration. This particular evidence was held to be acceptabl....