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TMI Blog2023 (6) TMI 1202X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities below, and that the findings of the facts ought not to be interfered by this Court in exercise of its jurisdiction under Articles 226 and 227 of the Constitution. Having perused the record, none of the contentions as urged on behalf of the petitioner are accepted. The jurisdiction of this Court under Articles 226 and 227 of the Constitution to interfere in the impugned orders would be very limited namely to examine whether there is any patent perversity and illegality in the orders passed by the authorities below. This Court in exercise of such jurisdiction would not re-appreciate evidence to come to a conclusion different from what has been arrived at by the authorities on appreciation of facts and/or on consideration of mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he show cause notice dated 11 September, 2006, when the petitioner cleared the immigration and customs, the petitioner was taken to the baggage identification area, when he was asked whether he was carrying any contraband, Indian or foreign currency in excess of the equivalent of US $ 4000 or any prohibited goods either on his person or in his baggage. On such question being asked, the petitioner repeatedly stated that he was carrying foreign currency equivalent to US $ 4000 only, as he was an NRI. The Customs Air Intelligence Officers thereafter decided to conduct a detailed examination of the petitioner s person and his baggage at the designated area. 4. The officers in the presence of panchas informed the petitioner that he had the ri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s holding an Indian passport issued at Kuala Lumpur on 27 April, 1984. He stated that he had lost his passport in Vadodara and hence had got a new passport issued. On being asked on the details as to how he lost his earlier passport, he stated that the passport, which was issued at Kualalumpur, was seized/detained by the Singapore police, as he was involved in a quarrel case in Singapore and while applying for his new passport, he did not mention this fact to the passport authorities. He also stated that he had received foreign currency from Nepal and on being asked whether he declared the said currency on his departure from Nepal or on his arrival in New Delhi, he stated that he had not declared the foreign currency, on his departure from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, 2013, rejecting the petitioner s appeal. The learned appellate authority observed that the petitioner had failed to substantiate his claim by submitting any evidence in support of the grounds in appeal. It was observed that in absence of any evidence, the procurement of the currency itself was tainted and it could be safely concluded that the currency was obtained through illegal channels. It was also observed that the petitioner had earlier used another passport in the name of Jitendra Chimanlal Thakkar which was obtained through fraudulent means and used for travel, as revealed in two earlier cases detected by the Department, one in Mumbai in 2001, pertaining to the seizure of Indian and foreign currency at Mumbai Airport, equivalent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence submitted that considering such observations, the case of the department cannot be believed that the foreign currency could not have been kept by the petitioner in his shoes. In our opinion, the prima-facie finding as recorded by the learned Metropolitan Magistrate in considering the bail application of the petitioner in no manner would be material in so far as the proceedings under the Customs Act as adopted against the petitioner were concerned. The Customs Act is a code by itself under which a detailed procedure as discussed was followed by the Customs Officers which included recording of statement of the petitioner, providing of an opportunity to the petitioner to cross-examine the departmental witness in adjudication of the show c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ination of his person and his baggage done before a magistrate or a Gazetted Officer and also informed that Superintendents S/Shri P. S. Salian and M. C. Shaikh, who were present were gazetted officers to which the passenger consented for the examination/search of his person and baggage to be taken in the presence of the Superintendents. 11. The petitioner has not placed any material on record, that such statement as made in the show cause notice was in any manner incorrect and/or the same was assailed by the petitioner in the subsequent proceedings. Thus, such contention as urged on behalf of the petitioner needs to fail. 12. In exercising our discretionary jurisdiction under Article 226 of the Constitution, there is another aspec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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