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2016 (9) TMI 415 - CESTAT MUMBAIConfiscation of seized currencies - section 113 (d), (e) and (h) of the Customs Act, 1962 - imposition of penalty - Section 114 (i) of the Customs Act, 1962 - undeclared currencies - prohibited goods - section 2 (33) - FERA Act - Held that: - it is established that appellant attempted to export by carrying himself as passenger, foreign and Indian currencies without declaration to the Customs authority and without permission from RBI - the same undoubtedly liable for confiscation. Option to pay redemption fine in lieu of confiscation - Section 125 of the Customs act, 1962 - Held that: - it is the discretion vested in the authority whether to allow redemption of confiscated goods on payment of fine or otherwise. The appellant admittedly tried to mislead the officers, investigating the case. The appellant at every stage given wrong statement about source of currencies. As per RBI and FEMA provision export of currencies is subject to approvals and permission. Therefore attempt of export of currencies without such approvals/permissions lead to confiscation - looking to the conduct of the appellant and nature of the offence, the denial of grant of option to appellant is justified. Appeal dismissed - decided against appellant.
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