2026 (8) TMI 1325

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....authority rejecting the petitioner's request for release of the confiscated foreign currency under Section 125 of the Customs Act, 1962. 2. The petitioner was travelling from Chennai to Kuala Lumpur via Colombo on 23.03.2018 by Sri Lankan Airlines. After clearing the immigration counter and while proceeding towards the security check, he was intercepted by the Customs Officers. On being asked whether he was carrying any foreign currency, Indian currency or contraband either on his person or in his baggage, the petitioner replied in the negative. Though no incriminating material was found in his baggage, a personal search resulted in the recovery of 133 Euro currency notes of the denomination of 50 Euros each, concealed in the inner pocke....

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....; (ii) Raju Sharma v. Union of India [2020 (372) ELT 249 (Del.)]; (iii) Commissioner of Customs v. Rajinder Nirula [2017 (346) ELT 9 (Bom.)]; (iv) Additional Director General (Adjudication) v. Its My Name Pvt. Ltd. [2021 (375) ELT 545 (Del.)]; (v) Mohd. Ayaz v. Union of India [2003 (151) ELT 39 (Del.)]; and (vi) Sri Gampala Sankara Rao v. Principal Commissioner of Customs, Telangana [2025 (11) TMI 970]. 6. Per contra, the learned Standing Counsel appearing for the second respondent submitted that the petitioner had attempted to export foreign currency without declaring the same to the Customs authorities and without possessing any valid permission from the Reserve Bank of India. It was further....

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....onfiscated foreign currency is Rs.5,25,682/-. There is nothing on record to show that the petitioner had previously violated the provisions of the Customs Act. Further, a penalty of Rs.50,000/- has already been imposed upon the petitioner, which has also been paid. 12. The second proviso to Section 125 of the Customs Act provides that the redemption fine shall not exceed the market value of the confiscated goods, after deducting the duty payable, wherever applicable. 13. In the decisions relied upon by the petitioner, the Courts have upheld release of confiscated foreign currency on payment of redemption fine, which was generally fixed at about 10% of the value of the confiscated goods. Therefore, while determining the redemption fine....