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2007 (1) TMI 322

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..... Heard ld DR. None appeared for the respondents. The revenue is in appeal against the order passed by the Commissioner of Customs demanding absolute confiscation of the foreign currency seized from the respondent-passenger and also proportionate penalty. Whereas the Commissioner of Customs has ordered confiscation of the seized foreign currency under Sec. 113(d), (c) and (h) of the Customs Act, 19 .....

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..... rities have seized both the currencies under Foreign Exchange Regulation Act, 1973 on the belief that the same was attempted to be smuggled out of India since the passenger did not declared the said currency notes when he arrived in India on 6-1-99. 3. The statement recorded from the said passenger and the enclosed documents reveals that the passenger is permanent resident of Madagascar who is h .....

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..... lly acquired by the passenger in India. Therefore, he took lenient view in confiscating the same and ordered release on payment of redemption fine. 5. The impugned order appears to be a reasoned one and justifiable in law. There appears to be no valid grounds to set aside the impugned order and make absolute confiscation of currency seized. Imposition of redemption fine and the penalty, however .....

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