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2016 (10) TMI 295 - KERALA HIGH COURT

2016 (10) TMI 295 - KERALA HIGH COURT - 2016 (340) E.L.T. 82 (Ker.) - Confiscation of Foreign currency u/s 113 of the Customs Act, read with the provisions of Foreign Exchange Management Act, 1999 - imposition of redemption fine of ₹ 1,70,000/- and penalty of ₹ 1,20,000/- US Dollars - Oman Riyals - whether the quantum of redemption fine and penalty imposed justified? - Held that: - redemption fine of ₹ 1,70,000/- is imposed, as contained in Ext.P9 order, but the personal penalt .....

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arameswaran Nair, Asst. Solicitor for the Respondents. JUDGMENT The petitioner is stated to be a Non Resident Indian doing business in Muscat. On 12.05.2006 the petitioner had arrived as a passenger from Muscat and, according to the petitioner, since he was not aware of the monetary limit of foreign currency that could be brought to the Country, he did not declare the currency carried by him before the customs authority at the time of entry into Country. Thereafter, on 18.05.2006 while the petit .....

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ity seized the foreign currency. In the adjudication that followed, by Ext.P6 order, the adjudicating authority ordered the confiscation of the Oman Riyals and US Dollars in terms of Section 113 of the Customs Act, read with the provisions of Foreign Exchange Management Act, 1999. The petitioner was however, allowed to redeem the same on payment of redemption fine of ₹ 3,25,000/-. A penalty of ₹ 1,05,000/- was also imposed on the petitioner. Aggrieved by Ext.P6 order, the petitioner .....

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1,20,000/-, which incidentally is higher than the penalty of ₹ 1,05,000/- that was imposed by the lower authority. In the writ petition the petitioner is aggrieved by Exts.P6, P7 and P9 orders, to the extent they impose a redemption fine and personal penalty on the petitioner. 2. I have heard the learned counsel appearing for the petitioner as also the learned Standing Counsel appearing for the petitioner. 3. On a consideration of the facts and circumstances of the case as also the submiss .....

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