TMI Blog2014 (10) TMI 755X X X X Extracts X X X X X X X X Extracts X X X X ..... position that statement recorded under Section 108 of the Act is admissible unlike a statement recorded by a Police Officer. Thus, the Appellate authority and the Revisional authority considering the peculiar facts and circumstances of the case, the nature of concealment of currency and the fact that the petitioner was carrying the currency on behalf someone else for monetary consideration, rejected the request for redemption. Therefore, I find no valid reasons to interfere with the concurrent finding of the three authorities - Decided against assessee. - C/00581/2005 - Final Order No.40388/2014 - Dated:- 9-5-2014 - Shri P.K. Das, J. For the Appellant : Shri B. Satish Sundar, Adv. For the Respondent : Shri Parmod Kumar, JC(AR) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r four times a month. It is also stated that he purchased foreign currencies from grey market. He could not show proper accounts of the same. He also contended that Indian ₹ 31,17,995/- consisted a portion of the money obtained by selling the contrabands goods, which was brought in earlier. 4. The learned Counsel for the appellant submits that as per Section 125 of the Customs Act, 1962, the Proper Officer shall release to the owner of the goods on payment of redemption fine. It is submitted that the goods are not prohibited items and, therefore, the adjudicating authority is bound to release the goods on payment of redemption fine. He relied upon the decision of the Hon ble Supreme Court:- (a) Felix Dores Fernandes Vs C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner of Customs (Air Port), Chennai reported in 2010 (259) E.L.T.541 (Mad.). (b) Harish Muljimal Gandhi Vs Commissioner of Customs, ACC, Mumbai reported in 2013 (294) E.L.T.470 (Tri.-Mumbai). (c) Abdul Aziz Reshamwala Vs Commissioner of Customs, Jaipur reported in 2003 (158) E.L.T.692 (Tri.-Del.). 6. I find that as per Section 3 of the Foreign Exchange Management Act, 1999, no person shall deal in foreign exchange except with the general or special permission of the Reserve Bank of India. Regulation 5 of the Foreign Exchange Management (Export Import of Currency) Regulation, 2000 states that except otherwise provided in these regulations, no person shall without the general or special permission of the Rese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods may be released on payment of redemption fine and negatived the claim of the appellant. On a perusal of the statement of the appellant, it is seen that the appellant is a habitual offender. It is also noticed that the appellant admitted that they have purchased the electronic goods in Singapore and brought the foreign currencies acquired through sale in the grey market and passing through green channel. The relevant portion of the decision of S. Faisal Khan (supra) is reproduced below:- 9. In the instant case, the Original Authority passed an order on 6-5-2000 ordering absolute confiscation. The petitioner preferred an appeal to the Commissioner (Appeals) and the Appellate Authority by an order dated 6-11-2000 b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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