9911796707
TMI Blog2022 (12) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... explore the possibility of compounding the entire offence said to have been committed by the appellant, was issued on 23.09.2022. In view of the developments that have taken place, we have granted leave to the limited extent of compounding of the entire offence committed by the appellant and have heard learned counsel for the parties at this stage itself. Shorn of unnecessary details, the relevant background aspects of the matter are that while boarding Air India flight No.AI-310 from New Delhi to Hong Kong on 27.08.2019, five passengers, including the appellant, were intercepted and were found carrying huge quantity of foreign currency in their baggage. So far as the appellant is concerned, the allegations had been that foreign currency ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d penalty of Rs.6,50,000/-. Further, the complaint for offence punishable under Section 135 of the Customs Act, 1962, was filed leading to Criminal Case No.4413 of 2021 in the Court of CMM, Patiala House Courts, New Delhi. On the matter being taken up in this Court against the aforesaid order dated 11.06.2021 passed by the High Court and this Court having issued notice limited to the extent of exploring the possibility of compounding the entire offence, ultimately, the Chief Commissioner of Customs (Delhi Zone) proceeded to pass the order dated 10.11.2022 that reads as under: - "To The Additional Director, Directorate of Revenue Intelligence, New Delhi - 110002 Sir, Subject: SLP no.9086/2022 filed by Ms. Chen Hsiu Yun -Reg. Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wed subject to the fulfilment of terms & conditions laid down under Section 137(3) of the Customs Act, 1962 for which a negative verification report is a requisite. The communication to seek the report has already been sent to the field formations on 01.11.2022. In addition, Personal Hearing (if the applicant wishes to avail) as stipulated under the proviso of Rule 3 (supra) may also be given. Further, for the compliance of the above terms & conditions a period of 04 weeks may be prayed from the Hon'ble court if deem fit. This issues with the approval of the competent authority." Today, the learned counsel for the appellant, after taking instructions, has filed the submissions and undertaking on behalf of the appellant in the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d helpless." Taking note of the totality of facts and circumstances of the case, more particularly the fact that the foreign currency amounting to Rs.65,00,000/- has already been confiscated absolutely and the fair submissions made on behalf of the appellant, we are inclined to accept the offer made by her i.e., of depositing Rs.6,50,000/- being the entire amount of penalty as per the Order-in-original dated 08.02.2022 and then, a sum of Rs.1,00,000/- towards compounding of offence under Section 137 of the Customs Act, 1962. The learned Additional Solicitor General, Mr. S.V. Raju though, has supported the order as passed by the Commissioner of Customs but could not deny the position that the foreign currency amounting to Rs.65,00,000/- al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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