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TMI Blog2016 (10) TMI 295X X X X Extracts X X X X X X X X Extracts X X X X ..... . Parameswaran Nair, Asst. Solicitor for the Respondents. JUDGMENT The petitioner is stated to be a Non Resident Indian doing business in Muscat. On 12.05.2006 the petitioner had arrived as a passenger from Muscat and, according to the petitioner, since he was not aware of the monetary limit of foreign currency that could be brought to the Country, he did not declare the currency carried by hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Customs Act, read with the provisions of Foreign Exchange Management Act, 1999. The petitioner was however, allowed to redeem the same on payment of redemption fine of Rs. 3,25,000/-. A penalty of Rs. 1,05,000/- was also imposed on the petitioner. Aggrieved by Ext.P6 order, the petitioner preferred an appeal before the first appellate authority, who upheld the order of the adjudicating author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On a consideration of the facts and circumstances of the case as also the submissions made across the bar, and on a perusal of Exts.P6, P7 and P9 orders, I find that the finding of the revision authority in Ext.P9 order with regard to the fixing of redemption fine at Rs. 1,70,000/- is one that takes into account the relevant factors to reduce the redemption fine that was imposed by the lower autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,05,000/-, I am of the view that the facts and circumstances of the case justify the reduction of the personal penalty on the petitioner to Rs. 50,000/-. Accordingly, while dismissing the writ petition in its challenge against Exts.P6, P7 and P9 orders, I hold that the petitioner shall be imposed a redemption fine of Rs. 1,70,000/- as contained in Ext.P9 order, but the personal penalty imposed s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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