TMI Blog2007 (1) TMI 375X X X X Extracts X X X X X X X X Extracts X X X X ..... rying the gold bars belonging to a person by name Kili of Trichy who was in Dubai. He stated that he agreed to carry the contraband to India against a promise by Kili to pay his airfare. As regards the foreign currency, the appellant stated that he had himself earned the same abroad for the purpose of payment of duty on the gold bars. The gold bars along with the material used for its packaging and the currency were seized under a mahazar. The department booked a case of non-declaration and concealment of gold and foreign currency against the appellant and accordingly issued a show-cause notice to him proposing to (i) confiscate the gold bars and foreign currency under Section 111 of the Customs Act (ii) impose penalty under Section 112 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant was entitled to import the above foreign currency without declaration and, therefore, its confiscation is not sustainable. Learned Counsel also relies on the Tribunal s decision in V.P. Hameed v Collector of Customs, Bombay, 1994 (73) E.L.T. 425 (Tribunal), wherein US$ 6500 imported by V.P. Hameed and US$ 7800 imported by another person were held to be within permitted limits and hence exempted from the requirement of declaration and accordingly the currencies were held not liable for confiscation under Section 111(d) of the Customs Act. The appellant has also a grievance, reiterated today by his Counsel, that excessive penalty was imposed on him by the Commissioner. 2. We shall first deal with the foreign currency. The reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gn currency notes as in the present case, it should not exceed US$ 5,000/- or its equivalent. Where the foreign exchange imported into India comprised foreign currency notes, bank notes, or travellers cheques, the total value must not exceed US$ 10,000/- or its equivalent and the value of foreign currency alone should not exceed US$ 5,000 or its equivalent, for the purpose of exemption from declaration to Customs authorities. In the present case, admittedly, foreign currency exceeding the limit of USD 5,000 was imported by the appellant without declaration to the Customs. Hence the appellant violated the above regulation. The finding of non-declaration of currency and its consequential confiscation under Section 111 cannot be violated. We h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were rightly held liable for confiscation under Section 111 of the Customs Act inasmuch as they have also been attempted to be cleared at Customs without declaration and no proof of lawful acquisition of the goods was produced by the importer. Learned Commissioner appears to have accepted the statement of the appellant that he was only carrying the gold bars belonging to Kili as is evident from the finding that the appellant had abetted smuggling of gold. There is no finding that the appellant himself smuggled the gold bars. But smuggling of gold and abetment of this offence are treated alike by the law. Hence confiscation of the gold bars is in order. 5. However, the grievance of the appellant that the opportunity to redeem the goods wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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