TMI Blog1980 (3) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... s recovered. The petitioner took the plea that this currency belonged to his other three friends and that they brought it from Bangladesh and were taking it to Bangkok. However, his other friends denied giving him any currency. He, however, made it clear that he had no intention of bringing the foreign currency to India as he was merely a transit passenger. He also denied having taken this foreign exchange from India. The petitioner was however charged only for attempting to export the foreign exchange in contravention of Section 13 of the Foreign Exchange Regulation Act, 1973. In fact, even on the petitioner's own admission he could also be charged for bringing the foreign exchange in India and without making a declaration thereof to the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g India. 3. In the revision application and also during the course of personal hearing, the petitioner has heavily relied on the view taken by the learned Trial Magistrate that no duty was cast on the petitioner in law to declare the foreign exchange in his possession when he was going out of India and when he was a passenger in transit going from Bangladesh to Bangkok via Calcutta In fact during the Course of personal hearing, learned counsel for the petitioner pleaded that on the admitted facts as borne out by the concluding portion of the adjudication order passed by the Additional Collector the petitioner had brought the foreign exchange with him from Bangladesh and was only transiting through India but pleaded that he was not aware t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e any such declaration. 5. Government however observe that under section 13 of the Foreign Exchange Regulation Act, 1973, without the general or special permission of the Reserve Bank of India the import as well as the export of foreign exchange has prohibited. Sub-section (1) of Section 13 ibid deals with import and subsection (2) deals with export. In the explanation appended to sub-section (1) if has been clarified that the bringing or sending into any part or place in India of any such article (foreign exchange etc.) intended to be taken out of India without being removed from the ship or conveyance in which it is being carried shall nonetheless be deemed to be a bringing, or as the case may be, sending, into India of that article (fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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