ROSTAM PARVARESH Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This petition, filed under Article 226 of the Constitution of India, is directed against the order dated 12th February, 1998 passed by the Joint Secretary to the Government of India whereby the order passed by the Commissioner of Customs (Appeals) dated 9th October, 1997 is modified and the Indian currencies equivalent to 20,000 US$ covered under CDF as Travelers cheques is ordered to be released with direction to pay fine to the extent of 25% thereof leaving rest of the currencies absolutely confiscated as ordered by the original authority vide its order dated 12th September, 1996.

(3.) Mr. Kantawalla, learned Counsel for the Petitioner raised a sole contention that the Revisional Authority under the impugned order failed to consider a specific contention raised by the Petitioner based on the various judgments of the Appellate Authority as well as that of the Revisional Authority, wherein, the entire confiscated currencies have been ordered to be released on payment of redemption fine as such impugned order needs to be set aside and that the matter needs to be remitted back to the Revisional Authority for consideration afresh.