2015 (3) TMI 513

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.....MURTHY When the appellant was on his way to Dubai via Thiruvananthapuram International Airport on 19.8.2003, a search was conducted which resulted in seizure of foreign currency consisting of US Dollar, British Pound, Euro, U.A.E Dirhams, totally valued at Rs. 10,93,470.20 as per the prevailing exchange rate. The appellant had not declared the same and admitted the fact. Thereafter proceedings....

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....e original adjudicating authority had taken another case booked against him into consideration which was not correct and against the principles laid down by the CEGAT reported in the case of Ranjit Ghosh Alia Rana Ghosh: 1998 (104) E.L.T. 349 (T). (b) The second submission is that absolute confiscation of currency is not proper in the absence of mala fide. (c) He also relied upon a decision ....

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.... currency was released by reducing the redemption fine imposed but the total amount was within the limit prescribed. Therefore both the decisions relied upon by the appellant are not applicable to the facts of this case. Since none of the decisions cited by the appellant are applicable to the facts of this case, we uphold the impugned order as regards confiscation since there is no dispute that th....