TMI Blog2021 (9) TMI 660X X X X Extracts X X X X X X X X Extracts X X X X ..... GUPTA For the Petitioner : Ms. Sangita Bhayana,Adv. For the Respondent : Mr. Satish Kumar, SGSC for ORDER The hearing has been conducted through Physical Mode. 1. By this petition the petitioner challenges the order dated 1st February, 2021 passed by the learned CMM where though the petitioner was granted permission to go to Afghanistan but subject to certain conditions which order was challenged by the petitioner before the learned Sessions Judge, Patiala House Court and the said revision petition was dismissed on 25th June, 2021. 2. The petitioner was intercepted while going to Afghanistan carrying certain medicines illegally and thus the petitioner was intercepted at the airport and proceedings initiated agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in a position to submit the redemption fine of ₹9 lakhs and ₹13 lakhs as personal penalty and that the petitioner be permitted to deposit 20% of the said amount and permit the petitioner to go to Afghanistan. Learned counsel for the petitioner states that the petitioner is not inclined to take the goods back, hence the redemption fine is not required to be deposited and only penalty is required to be deposited. Though there is an error in the noting of the learned CMM with regard to the redemption amount and penalty amount, however as noted in the order of the Additional Commissioner of Customs, IGI Airport, the petitioner is required to deposit the penalty amount of ₹13 lakhs and redemption fine of ₹9 lakhs. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal and recovery could be thus affected in terms of Section 142 of the Customs Act, however the petitioner herein is admittedly an Afghanistani national, has no property in India and hence no recovery can be made under Section 142 of the Customs Act. 8. Learned counsel for the petitioner also relies upon the decision of this Court in CRL.REV. P. 137/2020 titled as Chen Hsui Yun Vs. DRI wherein the petitioner was permitted to travel to his country Taiwan for a period of six months on her depositing a sum of ₹15 lakhs in the form of FDR with the Registrar General of this Court besides imposing other conditions. In the said case the petitioner was found in possession of foreign currency equivalent to ₹65 lakhs from her hand ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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