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TMI Blog2008 (6) TMI 449X X X X Extracts X X X X X X X X Extracts X X X X ..... ard journey from Mumbai to Dubai with scheduled departure at 5 PM. The officers in presence of panchas recovered eight paper packets each stuck to the metallic support of back rest of seat Nos. 35E, 35F and 47F of the aircraft. These packets on being cut and open were found to contain assorted foreign currency equivalent to Indian Rs. 69,89,644/-. Officers kept a discreet vigil. After completion of boarding of all the passengers the Intelligence Officers picked up two passengers viz. Suresh Ghadge and his wife Smt. Sunita Ghadge who were occupying seat No. 35E and 35F. These passengers were interrogated by Air Intelligence Officers wherein Shri Suresh Ghadge admitted that he was aware of the packets containing foreign currency and at the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ific command for allocation of specific seat was given by him. The show cause notice was adjudicated and by an earlier order the foreign currency which was not claimed by anyone was confiscated but the proceedings against Shri Suresh Ghadge, his wife and Shri Vijay Tayade were kept in abeyance as simultaneous prosecution proceedings were launched and were pending. The adjudication was done by the present impugned order wherein the present appellant Shri Vijay Tayade was found involved in attempt to smuggle out foreign currency and accordingly a personal penalty of Rs. 5,00,000/- was imposed on Shri Tayade. 2. Shri Vijay Tayade in his defence stated, that in this case simultaneous proceedings were initiated against him under Foreign Regul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll vacant seats are found in the aircraft. Therefore, there was no way in which he could have allocated specific seats to the two passengers. 4. The aircraft landed at 5.45 Hrs from Toronto - London - Delhi - Mumbai and thereafter it was fully under the security control of Air India after its arrival till its departure. As a measure of security, the security guards have to maintain register regarding the persons who entered the aircraft and the security guard in-charge of the aircraft has in his deposition clearly stated that Shri Tayade or Shri Ghadge were never allowed access to the aircraft. Shri Tayade further submitted that he has repeatedly asked for verification of the foreign currency which comprises of travelers cheque as if prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t has come to the notice that panchnamas were changed twice and that there was no specific tip off but packets were first noticed by Air India Security Staff who had informed Customs Officers who then boarded the aircraft in the presence of Air India security staff. I further notice that the foreign currency is said to have been kept in the back rest of seats 35E and 35F of Shri Suresh Ghadge and Smt. Sunita Ghadge. If that is so then for retrieving such packets, the passengers have to come to the seats behind them, which they would not have done as such act would be viewed by co-passenger sitting on the back scats. In such a case the packets should have been kept in the back rest of the front seats and not on the back rest of their own sea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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