TMI Blog2006 (11) TMI 524X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 on 21-6-2003 and had occupied seat No. 8C, the Customs Intelligence who had clear information, intercepted the tag with a bag with the same baggage number and found Indian and Foreign currency to an extent of Rs. 47,71,100/-. This person was checked and found from him the key which tallied with the luggage bag. Certain chits were found bearing details of transactions pertaining to the procurement of foreign exchange and withdrawal of money was also found. His statement was recorded wherein he admitted his attempt to take the seized currencies kept in the luggage bag to buy Paraffin in Dubai as he was proceeding to US for Cancer treatment. The Income-tax authorities also conducted raid and found a sheet containing the serial numbers of USD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the residence of the appellant and also the certified copy of the sheet containing the serial numbers of the dollar bills seized by the Officers of Customs at Hyderabad, which was seized from the residence of the appellant by the Customs authorities. The statements made by the appellant before the Income-tax authorities was not retracted. Neither he retracted his statement before the Special Judge for Economic Offences, Hyderabad, before whom he was produced after the arrest. 2. The learned Chartered Accountant, arguing for the appellant, contended that the appellant is an aged person of more than 77 years. He is suffering from Cancer and had intended to visit USA for treatment. He did not have in his person the baggage tag. Incidentally, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umber. The Chartered Accountant wants to use this evidence to prove the innocence of the appellant. He submits that he had been allotted a different seat number 11F. However, he was transferred to seat No. 8C as per the statement of Indian Airlines. This shows that the bag was not his. The learned Chartered Accountant further submits that as the entire amounts which are not claimed have been confiscated by the appellant, there was no cause for imposing penalty on him. He further submits that para 24 of the impugned order itself records his plea that he is a man of high professional standing. He is of advanced age and a cancer patient. He has suffered enough in life by being retained under COFEPOSA Act. Therefore, mitigating circumstances sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce found is that he had in his own admission to the Officers of Customs and Income-tax admitted that the bag belonged to him and the currency was his. He has explained as noted in para 18 of the impugned order that the money was required for purchase of Paraffin at Dubai for export to USA. He had contended that this statement was taken under duress. However, it is difficult to believe that the Customs Authorities would know all the details of the appellant. Be that as it may, the main clinching evidence in this case is about the appellant withdrawing money from the Karnataka Bank one day before his departure. The statements before the Income-tax authorities were self-implicatory. He clearly admitted about the purchase of the currencies fro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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