9911796707
TMI Blog2001 (3) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to 1990 was recovered. During the search, Shri Pukhraj Moondra, Proprietor of M/s. Pukhraj Moondra the appellant in the instant case told Custom Officers that some times, motivated by the greed for making money, he purchased and sold foreign exchange and that he had concealed foreign-exchange beneath the counter. A SCN was issued to the appellant asking him to explain as to why the foreign currency in US $ should not be confiscated under Section 111 of Customs Act and why a penalty should not be imposed under Section 70 11 of Customs Act, 1962 read with Section 8 and 13 of FERA, 1973. The case was adjudicated by the Additional Commissioner, Jodhpur who confiscated US $ 1990 and also imposed a penalty of Rs. 25,000/-. The appellants ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e decision of this Tribunal in the case of V.P. Hameed v. C.C.E., Bombay reported in 1994 (73) E.L.T. 425. He submitted that in that case a passenger was apprehended while walking through green channel and thus the appellant in that case was not required to declare the currency less than 10,000 US $ as there was no legal requirement for declaring such currency at the airport. Ld. DR, therefore, submitted that in view of the facts stated above and submissions made by him, the appeal may be allowed. 6. Shri D.K. Rana, ld. Counsel appearing for the respondent submits that in the instant case US $ 1990 were recovered from the business premises of the appellant; that at the outset the appellant submitted that he had purchased this foreign curr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nge in India whereas in that case there was no evidence. He submits that the authorities below have not brought any evidence on record to prove that it was a case of bringing in and sending out of foreign currency. He submits that the case is, therefore, easily distinguishable. Ld. Counsel submits that there is a specific decision of this Tribunal in the case of Shri Ram Lal Soni Contained in this Tribunal Order No. A/622/87-NRB. He submits that the Tribunal in para 4 of this order held as under : "4. I have carefully considered the plea of the ld. Advocate for the appellant and find substantial force in it. There is no evidence on record either by way of statement of the appellant or otherwise that the foreign currency has been illicitl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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