TMI Blog2004 (3) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent. [Order]. The appellant was intercepted pursuant to an information on 3094 (sic) and found to be carrying foreign currency of his present accounting to equivalent to Rs. 30,81,888/- and Indian currency of Rs. 1,30,000/- which was not declared. Same was confiscated. 2. In Appeal, the Commissioner observed as follows : I have carefully gone through the facts as well as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, how these were sold and to whom they were sold. Since the confessional statement was retracted immediately after the release from the Customs custody and there was allegation that it was written by the department in English whereas appellant does not know English language not it was explained to him and his signature was obtained forcibly, therefore, confessional statement cannot be relied upo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd her son who is 4 years old who are NRIs and they brought the foreign currency at the time of their arrival to Mumbai, that Ms. Zeba Sohail Bhamla, wife of Sohail Ahmed Bhamla an employer had also submitted the affidavit through notary stating above facts. I find that there is no evidence on record to show that they brought the foreign currency while they were coming to India and it was given to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to dispose off the matter under Foreign Exchange Regulation Act or under the FEMA. If necessary they may investigate the case further. However appeal filed by Ms. Zeba Sohail is dismissed as she has no locus standi and she is not the aggrieved person because no order was passed against her. 3. After considering the issues and in view of orders-in-appeal, no grounds are found in the present a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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