2014 (8) TMI 910

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.... PER : Ashok Jindal The appellant is in appeal against the impugned order wherein the Indian Currency smuggled outside India was seized and absolutely confiscated and a penalty of Rs. 2 lakhs has been imposed on the appellant. 2. Brief facts of the case are that on intelligence, the appellant was intercepted at Sahar Airport on 08.12.2004 and during the search, Indian currency of Rs. 24,17....

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....case whether absolute confiscation is correct or Indian currency can be redeemed by imposition of redemption fine and penalty. The said reference has been answered by the Larger Bench of this Tribunal holding that in case a person attempted to export Indian currency outside India without permission of RBI more than Rs. 5000/- or Rs. 10,000/- in that case the Indian currency can be absolutely confi....

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....ority has not considered the explanation given by the appellant and have not given prudence to the statement of ShriP.Muhammed and held that the currency does not belong to the appellant. The adjudicating authority has also failed to prove that if the currency does not belong to ShriP.Muhammed then to whom the currency belongs. Therefore, the findings of the adjudicating authority that as per the ....

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.... The general principle is that on whose possession the goods are found then that person is to be owner of the goods. In this case, the currency has been recovered from the possession of the appellant and the appellant claims the owner of the goods and the adjudicating authority is holding that he is not the owner of the goods. Therefore, the onus lies on the adjudicating authority to find out who ....