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Issues:
1. Confiscation of currency notes under Customs Act. 2. Redemption fine for release of confiscated goods. 3. Ownership of confiscated currency notes. Analysis: The appellant appealed against the order-in-appeal by the Commissioner (Appeals) regarding the confiscation of Rs. 97,000/- in currency notes found during a personal search at Land Customs Station under a prohibition on bringing currency from Nepal to India. The adjudicating authority confiscated the currency notes and imposed a penalty of Rs. 2,500/-. The appellant sought the release of the currency notes by paying a redemption fine, claiming that the confiscated currency, being Indian currency, should be released under Section 125 of the Customs Act. The provisions of Section 125 of the Customs Act allow for the option to pay a fine in lieu of confiscation of goods. The appellant argued that the currency belonged to M/s. Newton Engineering and Construction Company Ltd., his employer, and was needed for a sales tax case in Uttar Pradesh. However, as M/s. Newton Engineering and Construction Company Ltd. never claimed ownership of the currency before the adjudicating authority, the tribunal found the appellant's claim for release without merit. The tribunal highlighted that under Section 125 of the Customs Act, the confiscated goods can only be released to the owner of the goods upon payment of a redemption fine, which in this case was not fulfilled. In conclusion, the tribunal dismissed the appeal, emphasizing that since the owner of the confiscated currency notes, M/s. Newton Engineering and Construction Company Ltd., did not claim ownership before the adjudicating authority, the appellant's request for release on payment of a redemption fine was not valid. The judgment reaffirmed the importance of ownership verification and compliance with the provisions of the Customs Act for the release of confiscated goods.
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