TMI Blog2016 (10) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... ut of legal dealings and who actually is the owner or owners of this currency. The passenger initially co-operated with the investigation but later on took a reverse summersault. The real owner remained behind the scene and used the passenger as a stooge in the act of smuggling. The currency, thus, attempted to be sent out of India through a carrier in a clandestine manner. It is, therefore, obvious that the impugned currency was not free from taint and was generated and procured through illegal channels. The outflow of currencies in illegal and clandestine manner does give a telling blow to the economy of the country. Additionally, the currencies in cash form can be and is invariably used in several economically, politically, international ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them. 3. The appellant contends that, though in accordance with section 125 of the Customs Act, 1962 which deals with the confiscated goods, discretion is vested in the adjudicating authority in relation to prohibited goods which, admittedly, the export of Indian currency is, the non-exercise of such discretion should necessarily be justified in the adjudication order. It is canvassed by the appellant that the ownership, or lack of it, was not a proper or sufficient ground to deny the option. In support of this contention, reliance was placed on the decision of the Government of India in Suthar Narendra Somnath and Shakila Abdul Rashid Shaikh [Order No. 35-36/08 dated 24th April 200]. Likewise, the decision of this Tribunal in Peringati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the investigation but later on took a reverse summersault. The real owner has remained behind the scene and used the passenger as a stooge in the act of smuggling. The currency was thus attempted to be sent out of India through a carrier in a clandestine manner. It is, therefore, obvious that the impugned currency was not free from taint and was generated and procured through illegal channels. The outflow of currencies in illegal and clandestine manner does give a telling blow to the economy of the country. Additionally, the currencies in cash form can be and is invariably used in several economically, politically, international crimes as it is very difficult to trace the source in cash transactions. Hence, it is necessary to deal ste ..... X X X X Extracts X X X X X X X X Extracts X X X X
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