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TMI Blog2017 (4) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... ovides that whenever confiscation of any goods is authorised by this Act, the officer adjudicating it may, in the case of any goods, the importation or exportation whereof is prohibited under this Act or under any other law for the time being in force, and shall, in the case of any other goods, give to the owner of the goods or where such owner is not known, the person from whose possession or cus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en framed on 14th June, 2007. 3. The Revenue approached this court aggrieved and dissatisfied with the fact that the two respondents were apprehended by the officials of the Revenue intelligence on 1st August, 2002 at Chatrapati Shivaji International Airport, Mumbai. One of them was to travel by Air India flight from Mumbai to Ahmedabad as a domestic passenger in the international flight, where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sfied, they filed an appeal before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) and which has been allowed by the impugned order. 4. The only contention raised before us and equally before the Tribunal is that the seized goods are currency and should not have been allowed to be released by paying a fine. The seizure is of foreign currency and which was attempted to be smuggle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the law postulates is that there is an option to pay fine in lieu of confiscation. Section 125(1) of the Customs Act, 1962 provides that whenever confiscation of any goods is authorised by this Act, the officer adjudicating it may, in the case of any goods, the importation or exportation whereof is prohibited under this Act or under any other law for the time being in force, and shall, in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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