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2000 (8) TMI 104

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....n application under Section 129DD of the Customs Act, 1962 (in short, the Act), is subject-matter of challenge in this writ petition. By the said order, in terms of Section 125 of the Act, the Revisional Authority allowed redemption of the foreign currencies confiscated on payment of Rs. 55,000/- as fine. 2.A brief reference to the factual aspect would suffice. Petitioner who was to travel to Dub....

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.... (Appeals). 3.It was urged before the said appellate authority that mens rea was not established there was voluntary declaration and therefore there should be exoneration. Reliance was placed on an order of Government of India No. 587/96, dated 2-8-1996 in the case of Irshad Hussain to substantiate the plea that confiscation and levy of penalty were not called for. The appellate authority observe....

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....d when he was about to board the flight and disclosure was a calculated reply. Revisional Authority found that if the contention of the petitioner that the said foreign currency was imported when he arrived on 7-10-1999 is accepted, it does not mean that he can export the same without declaration. Petitioner admitted that he was well versed with rules relating to foreign currency in India. It was ....