OGULJEREN HAJYYEVA Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The present Writ Petition has been filed for directing the execution of the Adjudication Order-in-Original bearing C. No. VIII(AP) 10/P&J/Adj/16/2020/18695-18700 dtd. 28/1/2020 passed by the Additional Commissioner of Customs, allowing the redemption of the seized foreign currency of the petitioner amounting to USD 18500/-.

(2.) FACTUAL BACKGROUND Petitioner is a foreign national of Turkmenistan. She was to depart from T-3, IGI Airport, New Delhi on 18/12/2019 to Turkmenistan by Flight No. T5 532. After she had completed the immigration and boarding formalities, she was intercepted near Flight Gate No. 11 of the Departure Hall of T-3, IGI Airport. She was served with notice under Sec. 102 of the Customs Act, 1962 in the presence of independent Panchas and an interpreter informing therein that her personal search and examination of her baggage was required. She was informed that the same could be conducted in the presence of a Gazetted Officer or any Gazetted Lady Customs Officer. As per her consent, a Lady Customs Officer conducted the personal baggage search of the petitioner which led to recovery of USD 18500/-. Petitioner failed to produce any documentary evidence for the legal possession and export of the recovered foreign currency, said foreign currency was then seized under Sec. 110 of the Customs Act, 1962. Subsequently, the recovered foreign currency was deposited with Central Bank of India, IGI Airport Branch vide office letter dtd. 22/8/2019.

(3.) Show Cause Notice dtd. 15/1/2020 was served upon the petitioner. In her reply, petitioner stated that she was not having any knowledge of the legal provisions and that the non-declaration and attempt to take the foreign currency out of India was unintentional and that the seized foreign currency may be released and the confiscation or the penal action may be waived off.