9911796707
TMI Blog2009 (11) TMI 645X X X X Extracts X X X X X X X X Extracts X X X X ..... ealed inside the brief worn by him. The appellant could not produce any licit document in support of his legal acquisition, possession and/or exportation of the said currency. Accordingly, the said currency was seized on the reasonable belief that the same was being smuggled out of the country in contravention of the provisions of the Customs Act, 1962 read with FEMA, 1999 rendering the same liable to confiscation under the relevant provisions of the Customs Act, 1962. 2.1 The said, seized currency was confiscated under Section 113(d) and (l) of the Customs Act, 1962 with an option to redeem the same on payment of Redemption Fine of Rs. 1,50,000/-. A penalty of Rs. 75,000/- was also imposed upon the applicant under Section 114(i) of the Act ibid. On having been aggrieved by this orders of the original authority, the applicant preferred an appeal before the jurisdictional Commissioner of Customs (Appeals) who upheld the action taken by the lower authorities but reduced the Redemption Fine to Rs. 1 lakh and penalty to Rs. 50,000/- only. 3. In the Revision Application the applicant has made the following main submissions that the Commissioner of Customs (Appeals ) :- 3.1& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... carried the EURO & UK Pound which the appellant got on conversion of Malaysian currency to meet the expenses for stay at UK. Moreover the appellant also drew additional Euro 1500/- for his UK visit as per law. 3.8 The Rupee value of the confiscated currencies is well within the Rupee value of the foreign currency drawn by the appellant from the Money Exchanger on 21-1-2009 as would be evident from the photocopy of the receipt dated 21-1-2009 issued by Money Exchanger. This is a positive proof that the confiscated currencies are a part of the foreign currency drawn in the form of Travellers cheques and US $ from Money Exchanger on 21-1-2009. (Ref. Annexure 'A'). 3.9 Here it is pertinent to mention that as per Foreign Exchange Management (Import & Export of Currency) Regulation 2000, Indian National can bring any amount of foreign currency and declaration before customs is required only if the money value exceeds US $ 5000/-. The money value of the unspent amount is equivalent to US $ 8500 (approx) and non-declaration of the same has been due to impression that no declaration is required for unspent money (procured legally in India) on return. Copy of foreign Exchange ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e prudent to go through the relevant statutory provisions which are as under for proper understanding of the violations/issues involved : 8. (a) Section 77 of the Customs Act, 1962 provides that the owner of any baggage shall for the purpose of clearing it make a declaration of its contents to the proper officer. (b) The relevant provisions of the Customs Act, 1962 are that, in terms of Section 113(d) of the Customs Act, 1962, any goods attempted to be exported (or brought within the limits of any Customs area for the purpose of being exported) contrary to any prohibition imposed, inter alia, under any other law for the time being in force, attract confiscation under those provisions. According to the provisions of Section 2(22) of the Customs Act, the definition of 'goods' includes, inter alia, the currency and negotiable instruments; and therefore, the foreign currency as well as the Indian currency constitute goods, and if attempted to be exported without fulfilling the conditions stipulated in Regulations 3, 5 and 7, referred to above, would fall within the scope of Section 113(d) of the Customs Act, 1962 and also the scope of the definition of the 'prohibited good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cy notes, bank notes or traveller's cheques brought in by such person at any one time does not exceed US $ 10,000 (US Dollars ten thousands) or its equivalent and/or the aggregate value of foreign currency notes brought in by such person at any one time does not exceed US $ 5,000 (US Dollars five thousands) or its equivalent. 7. Export of foreign exchange and currency notes. (1) An authorised person may send out of India foreign currency acquired in normal course of business, (2) any person may take or send out of India, - (i) cheques drawn on foreign currency account maintained in accordance with Foreign Exchange Management (Foreign Currency Accounts by a Person Resident in India) Regulations, 2000; (ii) foreign exchange obtained by him by drawl from an authorised person in accordance with the provisions of the Act or the rules or regulations or directions made or issued thereunder; (i) currency in the safes of vessels or aircrafts which has been brought into India or which has been taken on board a vessel or aircraft with the permission of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
