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2018 (9) TMI 459 - MADRAS HIGH COURTConfiscation - Indian Currency - prohibited goods or not? - contention of the petitioner is that, the first respondent, in the impugned order has accepted that, there is no prohibition to take Indian currency outside the country, but, it is only a restrain - Held that:- It is settled legal principle that the term “prohibition” shall include “restrain”. Section 2(33) of the Act defines the term “prohibited goods” to mean any goods, which is not only prohibited under the Act, or prohibition under any other law, which is in force - Admittedly, there is a prohibition for taking Indian currency outside the country, as per the Regulations framed under the FEMA. Therefore, a person intending to take currency outside the India beyond the threshold limit of ₹ 5,000/- is required to obtain prior permission. Admittedly, the petitioner did not obtain such prior permission before carrying Indian currency to the tune of ₹ 14,00,000/-. Thus, the currencies, which were seized from the petitioner and confiscated by the order passed by the third respondent are undoubtedly prohibited goods, and the power exercised by the third respondent is valid and proper - petition dismissed - decided against petitioner.
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