STATE OF MAHARASHTRA Vs. MAHESH P MEHTA

JUDGEMENT

(1.) The marriage is no doubt a happy event in ones life and so it was with the first respondent herein, who is a Medical Practitioner and who has settled down in United States holding a Green Card. He came to India for celebrating his own marriages and so did arrive in India his sister-in-law, Smt. Datta Mehta along with her infant sometime in December 1976. Smt. Datta resides with her husband in United States and also holds a Green Card. In fact, the first respondent stays with his brother. After the purpose and celebration of the marriage, the respondent No. 1 carried with him the happy memories of the said auspicious occasion and made arrangements for his return to United States. However, along with the said memories he also carried a packet containing certain foreign exchange, which according to him, was entrusted to him by Smt. Mehta to be handed over to her husband.

(2.) It was on January 7, 1976 that the first respondent arrived at the Airport at Bombay with his baggage. The trained eye of the Customs Officer, however, insisted on search of the baggage when the said packet containing U.S.Dollars to the tune of 3501 in currency notes lodged in the suit-case were recovered, for which no proper explanation could be given nor was its possession supported by any permission or authorisation from the Reserve Bank. Those, therefore, came to be seized under the panchanama and further enquiries commenced during which his statement was recorded by the Enforcement Officer, first on the very day and second on the 15th January. So also statement of Smt. Mehta was recorded on the said two dates.

(3.) Adjudication proceedings were initiated against both of them by the Enforcement Director when the first respondent was visited with the personal penalty of Rs. 10,000/- while Rs. 5,000/- were imposed on Smt. Datta Mehta as personal penalty. In addition thereto the Customs Department was equally active when adjudication proceedings were initiated against both of them in which the currency of foreign exchange came to be confiscated to the State while the respondent No. 1 was imposed a personal penalty of Rs. 8000/-, which however, is claimed to have been scaled down to Rs. 1000/- by the Appellate Authority along with an option to redeem the foreign exchange seized by payment of Rs. 5000/- given in favour of the respondent who acted accordingly. Along with this adjudication proceedings on the two forums, the respondent No. 1 was also prosecuted by the Customs Department under section 135(1)(b) of the Customs Act for attempting to export the foreign exchange wherein the respondent pleaded guilty, which was accepted by the learned Additional Metropolitan Magistrate, Bombay and who was pleased to impose a fine of Rs. 10,000/- on the respondent.