MOIZ TAYEBALI LOKHANDWALA Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) ON 29/12/2004, the appellant, a passenger to embark for Dubai, by EK flight 505 for 29/12/2004 was intercepted, on his way to international transit lounge at Sahar Airport Mumbai. On questioning by the Air Intelligence Officer, he admitted to be carrying about 3.5 to 4 lakhs in Indian Currency in his checked in baggage. On examining the baggage, it was found that a strolly was having 11 bundles of Rs. 500 denomination notes amounting to Rs. 5,50 lakhs and on search of his person 13 notes each of Rs. 500 denomination were recovered. The total causing of Rs. 5,56,500/ - was seized under the reasonable belief that the same was attempted to be smuggled out of India and hence liable to confiscation under the Customs Act 1962 read with FEMA 1999.

(2.) HEARD both sides and considered the matter and it is found -

(3.) APPEAL allowed in above terms.