1999 (10) TMI 212

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nt. [Order]. The appellant is a foreign national who came to India on 13-3-1999 via Bangkok Flight and proceeded towards the exit gate of the Arrival Hall of Calcutta Airport through green channel. However, he was intercepted by the Customs Officers and found to contain foreign currencies totally valued at Rs.13,73,667/- when converted into Indian currency. As the appellant had not made .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... taken the same into consideration for confiscating the currency. He has observed that the passenger is a Japanese national and during the course of hearing, it has been found that his knowledge of English is very poor. There may be some communication gap between him and the Customs officers. He has also observed that the foreign currency was not concealed in any secret chamber or cavity and the pa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ellant having suffered imprisonment for more than five weeks, before he was granted bail by Hon ble Calcutta High Court is also one of the factors to be considered imposing personal penalty upon him. 5. All the above factors enlisted by the adjudicating authority in his impugned order go to show that there was no mala fide on the part of the appellant in not declaring the foreign currency. In f .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X