MOHD. GUJNABI Vs. CC

JUDGEMENT

(1.) HEARD both sides.

(2.) THE appellant filed this appeal against imposition of penalty of Rs. 50,000 each under Section 112 of Customs Act.

(3.) THE brief facts of the case are that on 31.3.2002 the appellants were apprehended at Railway Station and on their personal search currency notes of Rs. 500 denomination were recovered from the appellants. On investigation, it was found that these currency notes were counterfeit. Shri Mohd. Yasin appellant made a statement under Section 108 of Customs Act before the Custom Officers that these currency notes were purchased by them from on (sic) one Shri Bashir Bai. He also submitted that this counterfeit currency was brought from Kathmandu. After issuance of show -cause notice the currency was confiscated and personal penalties were imposed. The contention of the appellant is that no statement was made by the appellant and copy of statement was never supplied to the appellant. The contention is also that the appellant had not smuggled these currency notes from Nepal and possession of fake currency notes is no offence under the Customs Act.