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TMI Blog2017 (10) TMI 222X X X X Extracts X X X X X X X X Extracts X X X X ..... d, an option to pay a fine in lieu of confiscation, while the said section does not provide or mandate the adjudicating authority in respect of the prohibited goods - appellant is not able to justify the possession of such huge amount of Indian and foreign currencies, the impugned order of the adjudicating authority absolutely confiscating the Indian and foreign currencies is correct and legal. Appeal dismissed - decided against appellant. - C/156/2009-DB - Final Order No. A/31418/2017 - Dated:- 5-9-2017 - Mr. M.V.Ravindran, Member (Judicial) and Mr. Madhu Mohan Damodhar, Member (Technical) Mr. Bharat Ravichandani, Adv for the Appellant. Mr A. Srinivas, A.R. for the Respondent. ORDER [Order per: M.V.RAVINDRAN] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated. 3. It is the case of the appellant s counsel that the provisions of Section 125 of the Customs Act 1962 specifically provides for redemption of confiscated gods. He reads the said section. It is also his submission that the currency which has been seized and absolutely confiscated is not goods for purposes of holding it as export goods. It is his further submission that Division Bench of the Tribunal in the case of Dhanak Madhusudan Ramji Vs CC (Airport) Mumbai [2009 (237) ELT 280 (Tri-Mum) has held that even foreign currency is to be allowed on payment of redemption fine and submits that the said judgement was upheld by the Hon ble High Court of Bombay as reported at 2009(248)ELT 127 (Bom). He would also submit that the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibited goods. We find that the larger Bench of the Tribunal in the case of Peringatil Hamza Vs CC (Airport) Mumbai [2014 (306)ELT 332 (Tri-LB)] has held that Indian currency which is more than the stipulated limit allowed, to be taken out of India can be absolutely confiscated and it is the discretion of the proper officer to allow the redemption or not of the Indian currency, on payment of redemption fine. Respectfully following the Larger Bench decision, we hold that in the case in hand, in the facts and circumstances of the case, appellant is not able to justify the possession of such huge amount of Indian and foreign currencies, we find that the impugned order of the adjudicating authority absolutely confiscating the Indian and fore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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