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TMI Blog2024 (10) TMI 395X X X X Extracts X X X X X X X X Extracts X X X X ..... e passengers used to be identified by Shri T. Abdulla under whose instructions the foreign currency used to be handed over to them. Moreover, Shri Mohd. Salim had made arrangement with one Shri Birbal for purchase of required foreign currency. It has also come out during the investigation that the seized Indian currency of Rs. 10,57,000/-was sale proceed arising from foreign exchange transactions. Adjudicating Authority while imposing penalty of Rs. 24,00,000/- on Shri Abbas Mohd. Poyyail and Rs. 12,00,000/- on Shri Shaikh Mohd. Salim, ordered the confiscation of the seized foreign exchange of US$. 6, 370, US$. TCs 100/0, Euro 280. Stg. . 160, Qatar Rls. 300, UAE Dhm. 2300, BD 40, OR 154, O. Baisa 200, SR 2571 and KD 1619.50 recovered from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ized Indian currency of Rs. 10,57,000/-. He did not impose penalty on two other notices viz. Shri Abdulla T., proprietor of Safar International Tours and Travels and Shri Manohar, office boy in the firm. 2. Revision Petition (R.P.) / Appeal filed by the Enforcement Directorate has made Shri Shaikh Mohd. Salim as Respondent No. 1 and Shri Abbas Mohd. Poyyail as Respondent No. 2. Prayer has been made in the R.P. to set aside the impugned order and issue the confiscation order for the seized Indian currency. It has been pleaded in the Petition that the impugned order is erroneous with regard to non- confiscation of recovery and seizure of Indian currency to the tune of Rs. 10,57,000/- in spite of direct material on record. 3. Ld. Counsel for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was looking after day-to-day affairs of the firm and that Shri Basheer Mohammed was paying him salary. He further stated that on 05-08-2002, the officers of Customs Preventive HQ IU R I Division, Mumbai 1, searched the premises of Safar International Tours and Travels and seized under Panchanama Indian Currency of Rs. 10,57,000/- and assorted foreign currency totaling to Rs. 7,06,816.40 and incriminating documents; that he was present during the search along with another person by the name of Shri Shaikh Mohd Salim; that Shaikh Mohd Salim was his friend for the last 6 years and since the last two months, Shri Shaikh Mohd Salim was sitting with him in the office of Safar International Tours and Travels. We note that the recovery and seizure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Salim from the local black market; that the tickets and foreign currency is then given by him to the passengers, who then travelled abroad and on reaching Dubai, the foreign currencies are given by the passengers to Shri P.A. Rahiman; that the Indian currency of Rs. 10,57,000/-seized from the office of Safar International Tours and Travels were given to him by various passengers during the previous week; that out of this, he had to pay Atlas Tours and Travels around Rs. 7,00,000/- for tickets booked during the last fortnight; that he had to pay Shri Shaikh Mohd. Salim for the foreign currencies, which were also seized; that the notation HC appearing in the seized documents mean cash in hand; that the documents which show illegal foreign cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he business of illegal acquisition/purchase and selling foreign currency in cash; that he and Shri Mohd. Poyyail were the partners with a share of 50% each in the profit from the business of illegal purchase and sale of foreign currency; that he knew Shri Poyyail for the last about 5 to 6 years, since Shri Poyyail was working with Safar International Tours and Travels and he used to go there for ticketing; that during the course of search, the officers of Customs recovered and seized foreign currency of various countries totaling to Indian Rs. 7,02,032/- approximately and Indian currencies amounting to Indian Rs. 10,57,000/- along with some documents, the details of which are given in the panchanama drawn by the Customs officers. He further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TCs 100/0, Euro 280. Stg. . 160, Qatar Rls. 300, UAE Dhm. 2300, BD 40, OR 154, O. Baisa 200, SR 2571 and KD 1619.50 recovered from the premises of M/s. Safar International Tour and Travels, Mumbai and Shri Shaikh Mohamed Salim under section 13 (2) of FEMA. He further ordered that since no direct evidence was found to link between the seized Indian Currency of Rs. 10,57,000/- with the contraventions, he refrained from passing any order of confiscation for the same. 10. In view of the aforementioned discussions and the evidence on record, we intervene with the impugned order with respect to the seized Indian currency of Rs. 10,57,000/-. We order the confiscation of the said Indian currency of Rs. 10,57,000/- under section 13(2) of FEMA. 11. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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