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TMI Blog2016 (6) TMI 263X X X X Extracts X X X X X X X X Extracts X X X X ..... e party no.2 -Customs Department as well as the learned AGA appearing for the State at length and perused the entire record. It is submitted by the learned counsel for the applicant that the applicant was working as agent of the franchisee of the Ambey Forex Private Limited (in short ' the AFPL') dealing with sale and purchase of foreign currency. It is further submitted that the AFPL contains 17 branches at different States / Cities of India, out of which one is situated at Varanasi. The Varanasi Branch has its three franchisees, namely, M/s Ghulam Rasool Travels, Lalganj, Azamgarh, M/s Goodluck Enterprizes, Mohul, Azamgarh and M/s Chaurasiya Krishi Bhandar, Rani ki Sarai, Azamgarh. On the day of the incident, the applicant alongw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e guidelines laid-down by the R.B.I. have been fulfilled and information has been given, hence, the possession of the foreign currencies, said to have been recovered from the applicant, was not illegal or in violation of any Circular, Notification etc. of the Central Government. It is further submitted that the applicant's case neither comes under the purview of Section 11 nor under under Section 132 of the Customs Act. Submission is that if the prosecution case, as a whole, is taken as true, then also maximum punishment for the offence under Section 132 Customs Act is of two years. The entire proceeding adopted by the department is against the provisions of law. Arrest of the applicant is also illegal. Time-to-time during interrogation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction. Further, the said foreign currencies comes under the definition of 'goods' as defined under Section 2(22) of the Customs Act under the category of prohibited goods. Illegal import of the foreign currency is prohibited. Investigation in the matter is going-on. It is next submitted that applicant's case comes under the purview of Section 135 of the Customs Act and maximum punishment for the offence levelled against the applicant is of seven years and the same is cognizable and non-bailable offence. Neither possession of the said currencies have been denied by the applicant nor the applicant was able to show any authorization to possess the same or any sanction order of the R.B.I. or details of the purchase of the said curre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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