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2022 (8) TMI 556 - AT - CustomsConfiscation - redemption fine - penalty - Indian Currency - Scope of goods as per Section 2 (22) of the Customs Act, 1962 - appellant’s contention is that the money was legally procured from his savings - HELD THAT:- It is not the case of the appellant that he has declared upfront the currency in his position while he was travelling Abroad and the currency he carried was within limits prescribed under the notification. In terms of the Regulation as discussed above Indian Currency over and above Rs.25,000/- is not permissible to be taken outside India.As far as the Customs Act is concerned, knowledge or otherwise are not material for rendering the goods liable for confiscation. The activity of the appellant was an attempt to export currency over and above the limit. Therefore, the provisions of Section 113 of the Customs Act, 1962 and Section 114 of the Customs Act are attracted. Redemption of Confiscated goods - HELD THAT:- In the instant case, the issue involves an individual who is travelling Abroad for his personal work. No business dealing are alleged or indicated. It is not the case of the Department that the appellant was aware of the provisions of the Rules and Regulations - In the facts and circumstance of the case, it is found that absolute confiscation is not warranted. Any punishment needs to be commensurate with the offence. INR of 1,61,500 and Thai Baht of 8000/- are allowed to be redeemed on payment of a fine, of Rs. 10,000/-, in lieu of confiscation - Penalty imposed under Section 114 of the Customs Act, 1962 is reduced to Rs.5000/-. Appeal allowed in part.
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