9911796707
TMI Blog2000 (8) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... toms Act, 1962 (in short, the Act), is subject-matter of challenge in this writ petition. By the said order, in terms of Section 125 of the Act, the Revisional Authority allowed redemption of the foreign currencies confiscated on payment of Rs. 55,000/- as fine. 2.A brief reference to the factual aspect would suffice. Petitioner who was to travel to Dubai by PIA flight was intercepted when he wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d appellate authority that mens rea was not established there was voluntary declaration and therefore there should be exoneration. Reliance was placed on an order of Government of India No. 587/96, dated 2-8-1996 in the case of Irshad Hussain to substantiate the plea that confiscation and levy of penalty were not called for. The appellate authority observed that after complying with the procedure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd disclosure was a calculated reply. Revisional Authority found that if the contention of the petitioner that the said foreign currency was imported when he arrived on 7-10-1999 is accepted, it does not mean that he can export the same without declaration. Petitioner admitted that he was well versed with rules relating to foreign currency in India. It was noticed that no material for wrong valuat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aken note of all relevant facts. 7.In a case of this nature, where factual findings have been recorded about lack of bona fides, NRI status which we find to be unassailable, there is practically very little scope for interference with the conclusions arrived. But we find substance in the plea of the learned counsel for the petitioner about the quantum of fine being on the higher side. What would ..... X X X X Extracts X X X X X X X X Extracts X X X X
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