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2016 (8) TMI 1280 - CESTAT MUMBAIAbsolute confiscation of Currency u/s 113 of Customs Act, 1962 - penalty u/s 114 of Customs Act, 1962 - Held that: - the adjudicating Commissioner has proceeded on the assumption that option to redeem is a discretion afforded to the adjudicating authority and for release only to the owner of the goods. This is an erroneous interpretation. An adjudicating authority is vested with that discretion only in relation to prohibited goods; indeed, it is moot whether currency is goods. Currency is not prohibited goods and, therefore, the adjudicating authority is bound to allow redemption to the person from whom it was seized - the appellant is merely a carrier, it was also not consistent with the finding to impose such a harsh penalty on the appellant. The option to redeem the confiscated goods is allowed on payment of ₹ 5,00,000/- - Penalty is reduced to ₹ 1,00,000/- - decided partly in favor of appellant.
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