9911796707
TMI Blog1992 (7) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... rying 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 Government are discussed herein after. 2. As to w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 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 and if so what action was taken thereon. Undoubt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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 that the balance of convenience in this case la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anted 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 time of seizure/recording of statement. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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