CHELLAPALAM MANIVANNAN Vs. JOINT SECRETARY TO GOVERNMENT OF INDIA, (REVISION APPLICATION) MINISTRY OF FINANCE (DEPARTMENT OF REVENUE)

JUDGEMENT

(1.) Heard Mr.A.K.Jayaraj, the learned counsel appearing for the petitioner and Mrs.D.S.Seethalakshmi, the learned Senior Standing Counsel for the respondents.

(2.) The petitioner has filed this Writ Petition, challenging the order passed by the first respondent, exercising his powers under Section 129 DD (1) of the Customs Act, 1962, (hereinafter, referred to as the Act), by which, first respondent affirmed the order passed by the second respondent, who had confirmed the order passed by the third respondent, dated 03.10.2007. By the said order, the third respondent ordered confiscation of the Indian currency of Rs. 14,00,000/-, under Section 113 (d) of the Act read with Foreign Exchange Management (Export and Import of Currency) Regulations, 2000, framed under the Foreign Exchange Management Act (FEMA) 1999, with an option to the petitioner, to redeem the said currency on payment of a fine of Rs. 3,50,000/-, and imposition of penalty of Rs. 1,50,000/-. Though the first and second respondents have confirmed the findings given by the third respondent, the second respondent has granted a partial relief to the petitioner, by reducing the redemption fine from Rs. 3,50,000/- to Rs. 1,85,000/-. However, the factual findings rendered by the third respondent have been confirmed.

(3.) The learned counsel appearing for the petitioner would submit that, Section 113 (d) of the Act, could not have been invoked, as there is no prohibition imposed under the Act, or any other law, to take the Indian currency outside the Country.