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2019 (12) TMI 1384 - CGOVT - CustomsPenalty - Smuggling - Foreign Currency - It is observed that Tushar Kumar in his statement tendered under Section 108 of the Customs Act, 1962 has contended that he was carrying the impugned forex on behalf of Virender Verma for a consideration - Government is of the view that Sh. Virender Verma and Tushar Kumar are part of a Hawala racket and have attempted to illegally smuggle a huge quantity of forex out of the country which was concealed in the inner lining of the bag - HELD THAT:- The lower authorities have failed to appreciate the facts of the case in the correct perspective and ordered the release of the impugned currency on payment of redemption fine to the noticee which should have been confiscated under Section 113 of Customs Act, 1962 without giving an option of redemption. Shri Virender Verma in his statement tendered under Section 108 of Customs Act, 1962 before the customs officers has stated that the impugned goods belonged to him and were kept in cash in India and he had requested for delivery of the same in Hong Kong - This observation of Commissioner (Appeals) is fallacious and is completely devoid of merit - The role of Virender Verma cannot be undermined in this Hawala racket. Government observes that Virender Verma has abetted smuggling of impugned forex and is liable for penalty under Section 114 of Customs Act, 1962. A lesser amount of penalty has been imposed on Tushar Kumar by the adjudicating authority since he is the carrier of the impugned currency. Government holds that keeping in view gravity of the offence and the fact that the respondent is” a habitual offender, a higher quantum of penalty merits to be imposed on Tushar Kumar. Government modifies the orders passed by the lower authorities as follows - Impugned currency is confiscated under Section 113(d), (e), (h) and (i) of the Customs Act, 1962 - The option of redemption under Section 125 of the Customs Act, 1962 is denied - A penalty of ₹ 5 lacs (Rupees Five Lacs) is imposed on Tushar Kumar under Section 114(i) of the Customs Act, 1962 read with Regulation 13 of Foreign Exchange Management (Export and Import of Currency) Regulation, 2000 - Penalty of ₹ 7 lacs (Rupees Seven lacs) imposed on Virender Verma by the adjudicating authority under Section 114(i) of the Customs Act, 1962 read with Regulation 13 of Foreign Exchange Management (Export and Import of Currency) Regulation, 2000 is upheld. Application allowed in part.
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