9911796707
TMI Blog2004 (7) TMI 581X X X X Extracts X X X X X X X X Extracts X X X X ..... Kait, Member (T) (Oral)]. - This appeal has been filed by the appellant Shri S. Rajaji against the order of Commissioner who has absolutely confiscated the assorted foreign currencies and travellers cheques totally valued at Rs. 2,73,42,420/- (Rupees two crores seventy three lakhs forty two thousand four hundred and twenty only) under Section 113(d)(e) and (h) of the Customs Act, 1962 read with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... immediately. 17 baskets, were opened and examined in the presence of witnesses, Mr. T.H. Aslam Basha, Clearing Clerk of the Customs House Agent, M/s. N. Taylor, Mr. S. Siva Kumar, Security Guard, Indian Airlines and Mr. R.S. Rajendran, Security Guard, Airport Authority of India and in the presence of Customs and Directorate of Revenue Intelligence Officers and it was found to contain live mud crab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rencies and travellers cheques. On a reasonable belief that the above said foreign currencies and travellers cheques were attempted to be smuggled out of India, by concealment in contravention of the provisions of Customs Act, 1962, and Foreign Exchange Regulation Act, 1973, the abovesaid foreign currencies and travellers cheques were seized under a mahazar for action under Customs Act, 1962 read ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Smt. Bhaghya Devi submitted that the appellant has been imposed a penalty of only Rs. 25,000/- whereas he was involved in the foreign currency/travellers cheques valued at Rs. 2.73 crores. She therefore submitted that a lenient view has already been taken by the Commissioner in spite of the fact that he had admitted his offence and had requested for a lenient view in the matter which the ld. Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proved. We find that the appellant's action has resulted in the absolute confiscation of the foreign currencies and travellers cheques valued at over Rs. 2.73 crores under Section 113(d)(e) and (h) of the Customs Act and he is liable for penalty under Section 114 of the Customs Act. As regards the quanta of penalty, the ld. Commissioner has imposed a penalty of Rs. 25,000/- which we find reasonabl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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