1992 (7) TMI 92

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..... r posted at IGI Airport, was allegedly found carrying Indian and Foreign currency equivalent to Rs. 96,664.45/-. He was arrested and even detained under COFEPOSA subsequently. In departmental proceedings a personal penalty of Rs. 18,000/- was imposed and of course the currency confiscated absolutely. The appeal is also rejected. His pleas as advanced in this revision application now before the Gov .....

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..... in this case. Attention was drawn to letters dated 1-6-1988, addressed to Assistant Collector (Admn.), Airport and 1-8-1988 letter addressed to Collector and 6-8-1988 letter (Registered post through date is not clear) again addressed to Assistant Collector (Admn.), Airport. Enquiries made from Delhi Customs have not elicited any categorical response as to whether these letters had been received an .....

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..... ecution and therefore case under Sections 111, 112 ibid be kept pending. 5. In such a situation Department does have discretion to stay the departmental proceedings till final disposal of prosecution (Tukaram Gaokar v. R.N. Shukla - AIR 1968 S.C. 1050). Now whether this discretion should be used in favour of an applicant or not will depend upon facts of each case. Government is of the opinion tha .....

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..... (iii) Because the applicant apparently wanted to reserve his defence for prosecution, normal course of proving the documents against him and his cross- examination of the witnesses did not take place at all; and (iv) The applicant has also produced medical evidence about his not keeping fit around the time of seizure and his being on life saving drugs, that were allegedly denied to him at the ti .....

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..... ng into the allegations against seizing officer by appropriate authorities and its effect on the seizure. 7. Needless to say that orders of the lower authorities are set aside. It is held, however, that the show cause notice was issued within time and even relevant documents supplied to the applicant. His plea in this regard is rejected. 8. The revision application is disposed of in above terms. .....

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