TMI Blog2009 (11) TMI 758X X X X Extracts X X X X X X X X Extracts X X X X ..... rency of US $ 1,23,000 equivalent to Rs. 58,88,960/- (as per then exchange rate), in 7 bundles, was found tied with rubber bands around Robert Olivier s waist and the same was seized. The other person Michel Kame was allowed to proceed as nothing incriminating was found from his possession. 3.2 In his statement dated 27-7-2002 recorded under Section 108 of the Customs Act, Shri Olivier stated that the currency was given to him by one Mr. Lucky Bedi for the purpose of carrying to Paris for some monetary consideration. He admitted that he has no permission of the RBI to carry the currency. 3.3 The appellant is claiming that the currency seized from Robert Olivier as his own. His version runs as follows :- He is a resident of Canada and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eign currency was handed over to him by Michel Kame who was travelling with him in the same flight. Michel Kame has told him that he was having business dealing with Krishan Mall and told him that money was given to him by Krishan Mall. 3.4 The original authority did not find the claim of ownership by the appellant justified. On the other hand, the original authority held that the appellant along with Lucky Bedi abated in the offence by Rubert Olivier in the attempted export of foreign currency without the required permission of Reserve Bank of India and accordingly, rejected the claim of ownership and also imposed a penalty of Rs. 3 lakhs on the appellants. Commissioner (Appeals) has upheld the said order of the original authority. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant rushed to airport has not been stated by the appellant. Was he aware of their travel programmes? Further, it is not the case that the appellant has produced any evidence about the actual conversion of Indian currency to foreign currency, through the money changer. No such evidence was produced before the lower authorities and Commissioner (Appeals). Further no such evidence has been produced before us as well. Further, the original authority has clearly indicated the discrepancy in the denominations of the foreign currency seized from Mr. Olivier and the denomination as per the claim of the appellant which was in his possession. Thus the evidence relied upon by the appellant before the authorities were found to be unreliable, incon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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