VIJAY GULATI Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Issue Rule. Mr. Atul Bandhu, Advocate waives notice. With consent of the counsel for the parties, the matter was heard finally.

(2.) The petitioner claims for quashing of an order dated 30.1.2006 issued by the Central Government in exercise of its revisional powers under the Customs Act. The Central Government affirmed the findings of the adjudicating authority; confiscated foreign currency US $73,020, Hongkong $1,340, UAE Dirham 50, Singapore $54 and certain other assorted currencies.

(3.) Briefly the facts are that the customs authorities alleged that on specific information from the Directorate of Revenue Intelligence intercepted one Ajay Gulati in the departure lounge of the IGI Airport on the night intervening 11/12.08.2002. The DRI contended that the said person was scheduled to travel in an outbound flight to Bangkok. The said Ajay Gulati along with two others were searched and the DRI claims to have recovered quantities of foreign currencies. It is claimed that during the course of follow up action, the joint residence of the said Ajay Gulati and the present petitioner Vijay Gulati were searched on 12.8.2002 resulting in recovery of the amount of currencies mentioned earlier. The petitioner claimed owner ship of the seized currency by his letter dated 16.8.2002, to the DRI. He contended that the currency was legally acquired from certain overseas visiting buyers as advance payments against their export orders, which was permissible in law. According to him, all relevant information and documents including Currency Declaration forms issued by the Customs Department to the buyers upon their arrival, along with authority letters in his favour, evidencing payments were also shown to the customs authorities. Apparently, the customs authorities further recorded a statement under Sec. 108 of the Customs Act on 20.9.2002.