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2010 (5) TMI 427 - PUNJAB AND HARYANA HIGH COURTSmuggling foreign currency out of India - Acquisition or possession of the foreign currency - petitioner Harinder Pal Singh Shergill, who was Pilot / Captain of Air India - The petitioner tried to explain that he was carrying the currency at the instance of Kuttie. One Yakub Mohammed contacted him and delivered the cloth belt containing the currency to be carried to Bahrain for Kuttie. He also gave him one extra cloth belt to be used in case of any damage to his belt. The additional belt was also recovered from his baggage and seized. He also admitted that he brought the currency tied to his waist to the airport by his personal Fiat car - Held that: - Tribunal has dealt with the real controversy and rightly decided the appeal in correct perspective, vide which, a penalty of Rs.10 lacs imposed on the petitioner was reduced to Rs.5 lacs. Thus, the contrary argument, "stricto sensu" deserves to be and are hereby repelled under the present set of circumstances. - Adjudicating Authority provided adequate opportunities to the petitioner before passing the impugned order and the Tribunal has rightly dismissed his appeal in the obtaining circumstances of the case.
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