UNION OF INDIA Vs. ROSTAM PARVARESH

JUDGEMENT

(1.) Rule; with the consent of Counsel for the parties returnable forthwith. With the consent of Counsel and al their request the Petition is taken up for hearing and final disposal together with companion Writ Petition No. 1260 of 2011.

(2.) This petition has been filed by the Union of India through the Commissioner of Customs in order to challenge an order of the revisional authority under Section 129DD of the Customs Act, 1962.

(3.) The brief facts are that foreign currency valued at Rs. 47.29 lakhs was seized on 28 September 1994 from the First Respondent by the Customs Air Intelligence Unit at Mumbai at a point of departure to Dubai. A notice to show cause was issued and after adjudication, the Deputy Commissioner of Customs ordered confiscation of the foreign currency equivalent to Rs. 17.29 lakhs under clauses (d), (e) and (h) of Section 113 of the Customs Act, 1962 read with the provisions of the FERA, 1973. A penalty of Rs. 5 lakhs was imposed on the First Respondent.