SARASWATHI SESHAGIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) Shri T. R. Seshagiri Iyer has been in the Recruiting and Travel agency business for over a decade. He has an office at New Delhi, namely "Viswak Agencies" which is mainly acting as a Recruiting agent for some of the middle east countries in procuring skilled labourers from India for employment purposes in the gulf countries on a Commission basis.

(2.) In connection with his business he attempted to export illegally Indian Currency to the tune of Rs. 2,88,900 which was recovered from his possession while he was bound for Abu Dhabi by Air Indian flight on 19-7-1981 and for that offence he is liable for punishment under Ss. 132 and 135 of the Customs Act, 1962. He was arrested by the Inspector of Central Excise Air Customs, Trivandrum and later on released on conditional bail.

(3.) The Collector of Customs and Central Excise (Central Excise Wing) Cochin, made a report dated 13th of August, 1981, to the State Government that T. R. Seshagiri Iyer had made a genuine attempt to export Indian Currency of the value of Rs. 2,88,900 without permission of the authorities and in violation of the Foreign Exchange Regulation Act, 1973 and the Customs Act, 1962. He also appended the copies of the Mahazar dated 19th of July, 1981, relating to the seizure from the detenu, admission made by the detenu on 19th July before the Superintendent of Central Excise and Customs and the arrest Mahazar, dated 19th July. From the report and other materials placed before the Government by the custom authorities, the Government was satisfied that the detenu had tried to export large amount of Indian currency in a very planned and pre-meditated manner by cleverly concealing the same in several parts of his baggage.