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TMI Blog2013 (12) TMI 1040X X X X Extracts X X X X X X X X Extracts X X X X ..... gation Branch (SIIB) of ACC, Sahar, Mumbai and Customs officers attached to Air Port Sorting Office (APSO), Mumbai detained 12 postal consignments intended for export to Dubai. Examination of the said consignments in the presence of intelligence witness revealed that the consignment contained Indian currency of denomination Rs. 500/- each and totally contained an amount of Rs. 11,50,000/-. Different names of consignor and consignee were declared in the documents. As export of Indian currency is prohibited in terms of Section 11 and Section 82 of the Customs Act read with RBI Notification No. FEMA 6 RB-2000, dated 3-5-2000, the said currency was seized under a panchnama dated 29-8-2007. The newspaper pieces in which the currency was rapped i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1962 read with RBI Notification No. FEMA 6 RB-2000, dated 3-5-2000 issued under Section 6 read with Section 47 of the FEMA, 1999. The show-cause notice also proposed to impose penalty on Shri Harish Gandhi under Section 114(i) of the Customs Act, 1962. The case was adjudicated vide the impugned order and the Indian currency of Rs. 24.8 lakhs was absolutely confiscated and a penalty of Rs. 10 lakhs was imposed on Shri Harish Gandhi. Hence the appellant is before us against the said order. 3. Shri Harish Gandhi appeared personally for hearing and submitted that he had undertaken the above said exports and as the currency belonged to him, he prayed for release of the currency confiscated and also for leniency in the matter. 4. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... instant case, the appellant has not obtained any permission from the Reserve Bank of India or any authority for export of foreign currency in excess of Rs. 5000/- as required under the law. Therefore, in terms of Section 82 of the Customs Act read with Section 11 of the said Act, the goods under export are prohibited goods and accordingly, the goods are liable to confiscation under the provisions of Section 113(d) and (e) of the Customs Act, 1962. Inasmuch as the goods are prohibited, in terms of Section 125(1) of the Customs Act, the officer adjudicating the case can absolutely confiscate the prohibited goods and therefore, absolute confiscation ordered by the adjudicating authority is valid and correct in law. He also relies on the judgm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to be exported illegally under provisions of Section 113(d) of the Customs Act. The ratio of these decisions apply squarely to the facts of the present case and accordingly, we uphold the absolute confiscation of Indian currency amounting to Rs. 24.8 lakhs under the provisions of 113(d) and (e) of the Customs Act adjudged in the impugned order. As regards the penalty imposed on the appellant Shri Harish M. Gandhi, in view of the fact that the currency which he tried to export illegally has been absolutely confiscated, the penalty of Rs. 10 lakhs imposed on him would be harsh. Accordingly, we reduce the penalty on the appellant Shri Harish Gandhi from Rs. 10 lakhs to Rs. 1 lakh. 6. The appeal is disposed of in the above terms. (Oper ..... X X X X Extracts X X X X X X X X Extracts X X X X
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