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2015 (1) TMI 1254 - AT - CustomsConfiscation of currency - attempt to smuggle the said currency out of India - Held that:- The whole story of illicit procurement of the foreign currency is far from convincing and appears a concocted story to mislead the investigation. Be that as it may, even going by the versions of the appellants, the foreign currency was brought into India in violation of the provisions of FEMA, 1999 and without declaration to the Customs and was sought to be taken out of India illicitly. Thus the illicit nature. of the transactions is manifest and amounts to ‘smuggling’ in and out foreign currency. Thus the tainted nature of the seized currency and the transaction’ is established beyond any doubt. Consequently, absolute confiscation of the seized foreign currency under Sections 113 (d) and (h) of the Customs Act is beyond any legal challenge and we hold accordingly. - Decided against the appellants.
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